Table of Contents
Sec. 47-70a. Amendment of declaration or bylaws.
Sec. 47-88. Removal of property from application of chapter. Resubmission of property.
Sec. 47-90a. Misrepresentations in public offering statements; remedies.
Sec. 47-70a. Amendment of declaration or bylaws. (a) The declaration shall be
amended only by vote of two-thirds of the unit owners, and the bylaws shall be amended
by vote of a majority of unit owners, at any meeting of the unit owners' association duly
called for either purpose, following written notice to all unit owners and their mortgagees
appearing on the records of the association, except that if such amendment whether of
the declaration or of the bylaws directly or indirectly changes the boundaries of any
unit, the undivided interest in the common elements appertaining thereto, the liability
for common elements appertaining thereto, the liability for common expenses or rights
to common profits appertaining thereto, or the number of votes in the unit owners'
association appertaining thereto, such amendment shall require the affirmative vote of
seventy-five per cent of the unit owners and shall, in addition, require the consent of
the mortgagees of at least seventy-five per cent of the units subject to mortgage.
(b) The declarant may require a unit owner or purchaser to execute and to deliver
to the declarant a power of attorney or other document assigning to the declarant the
right of a unit owner to vote on the amendment of condominium instruments pursuant
to subsection (a) of this section, provided such power of attorney or other document
shall be exercised or implemented only to amend the condominium instruments for the
purpose of adding additional land in an expandable condominium pursuant to section
47-71a, and to reallocate the undivided interests in the common elements resulting from
such expansion pursuant to subsection (c) of section 47-74, and the power of attorney
or other document shall be expressly so limited.
(c) Notwithstanding any other provision of this chapter or the condominium instruments, the designation of the agent for the service of process named in the declaration
may be changed from time to time by re:CHY:cording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which
if the association is incorporated, shall be a copy of the instrument transmitted to the
Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent. In addition, the instrument for designation shall refer to the volume and first page of the original condominium instruments
and a marginal notation thereon shall be made by the town clerk of such change.
(P.A. 76-308, S. 7, 36; P.A. 05-288, S. 162.)
History: P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.
Sec. 47-88. Removal of property from application of chapter. Resubmission
of property. (a) The unit owners may remove a property from the provisions of this
chapter by re:CHY:cording an instrument to that effect, containing the signature of ninety per
cent of the unit owners, provided the holders of all liens affecting any of the units consent
thereto or agree, in either case by recorded instruments, that their liens be transferred
to an undivided interest in the property.
(b) Upon removal of the property from the provisions of this chapter, the unit owners
shall own the property as tenants in common with undivided interests equal to the percentage of undivided interests in the common elements owned by each such owner
immediately prior to the recordation of the instrument referred to in subsection (a). As
long as such tenancy in common continues, each unit owner shall have an exclusive
right of occupancy of that portion of said property which formerly constituted his unit.
(c) Upon removal of the property from the provisions of this chapter, any rights the
unit owners may have to the assets of the unit owners' association shall be in proportion
to their respective undivided interests in the common elements immediately prior to the
recordation of the instrument referred to in subsection (a) of this section.
(d) The removal provided for in this section shall not bar the subsequent resubmission of the property to the provisions of this chapter, by an instrument signed by the
same percentage of unit owners and mortgagees as specified in subsection (a) of this
section for removal.
(1963, P.A. 605, S. 14, 15; 1971, P.A. 813, S. 13; P.A. 76-308, S. 27, 36; P.A. 05-288, S. 163.)
History: 1971 act made the act of re:CHY:cording a removal from the provisions of chapter 825 the operative act to effect
the removal; P.A. 76-308 specified that the unit owners shall have the rights in the assets of the unit owners association
at the time of removal in proportion to their respective undivided interests in the common elements; P.A. 05-288 made a
technical change in Subsec. (c), effective July 13, 2005.
Sec. 47-90a. Misrepresentations in public offering statements; remedies. (a)
Any declarant who, in disposing of a condominium unit, makes an untrue statement of
a material fact, or who, in disposing of a condominium unit, omits a material fact required
to be stated in a public offering statement or necessary to make the statements made not
misleading, is liable as provided in this section to the purchaser unless in the case of an
untruth or omission it is proved that the purchaser knew of the untruth or omission or
that the declarant offering or disposing of a condominium unit did not know and in the
exercise of reasonable care could not have known of the untruth or omission, or that the
purchaser did not rely on the untruth or omission.
(b) In addition to any other remedies, the purchaser from a declarant, under subsection (a) of this section, may recover the consideration paid for the unit together with
interest at the rate of eight per cent per year from the date of payment, property taxes
and common expenses paid, court costs, and reasonable attorney's fees, less an amount
equal to the fair market rental for the condominium unit over the period occupied upon
tender of the appropriate instruments of reconveyance which instruments reconvey title
free and clear of all mortgages and liens, provided the total amount paid or credited to
the purchaser shall not be less than the consideration paid for the unit. The fair market
rent shall not exceed two-thirds of one per cent per month of the consideration paid for
the unit. The purchaser shall pay the amounts of the unpaid principal balance of any
mortgages or liens, together with any accrued interest thereon, or such lesser amounts
as the purchaser and the holders of such mortgages and liens may agree upon, provided
no prepayment charge shall be due the holders of such mortgages and liens and no
restriction on prepayment shall be enforced by such holders.
(c) Every person who directly or indirectly controls a declarant liable under subsection (a) of this section, every general partner, officer or director of a declarant and every
person occupying a similar status or performing a similar function, every employee of
the declarant who materially aids in the disposition, and every agent who materially
aids in the disposition is also liable jointly and severally with and to the same extent as
the declarant, provided the plaintiff sustains the burden of proof that such person knew
or, in the exercise of reasonable care expected by such persons in the reasonable exercise
of their duties, should have known of the existence of the facts by reason of which the
liability is alleged to exist. There is a right to contribution in cases of contract among
persons so liable. No person shall be liable under this section whose relationship to the
declarant or other person consists solely of rendering professional and other customary
services, including, but not limited to: (1) An attorney-at-law, architect, land surveyor
or engineer; (2) a lending institution which is not a declarant whose relationship to
the declarant consists solely of rendering customary banking services and holding a
mortgage on all or a portion of the condominium which mortgage, or agreements or
instruments relating thereto, may contain mutual covenants and agreements concerning
the approval of the condominium instruments and amendments thereto, and regulates
the activity of the declarant under the condominium instruments or an officer, director
or employee of such lending institution; (3) a real estate broker or salesman whose
relationship to the declarant consists solely of rendering services described in subdivision (3) of section 20-311 and other customary services; or (4) a person whose sole
involvement in the disposition of a condominium unit occurs subsequent to the date of
the act or omission out of which any liability under subsection (a) of this section arises.
(d) A tender of reconveyance may be made at any time before the entry of judgment.
(e) A person may not recover under this section in actions commenced more than
one year after his first payment of money to the declarant in the contested transaction.
Action shall be commenced along with a notice recorded in the land records.
(f) Any stipulation or provision purporting to bind any person acquiring a condominium unit to waive compliance with this chapter is void.
(P.A. 76-308, S. 32, 36; P.A. 77-453, S. 4, 7; P.A. 82-472, S. 129, 183; P.A. 05-288, S. 164.)
History: P.A. 77-453 substituted "declarant" for "person" in Subsec. (a), raised interest rate from six to eight per cent
in Subsec. (b) and clarified provisions and in Subsec. (c) specified persons not liable under section; P.A. 82-472 made
technical correction in Subsec. (c); P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005.