Print Page   |   Sign In   |   Create Account
Search Site
Legislative Review 2013
Share |

Legislative Year in Review 2013 

The 2013 Legislative Session ended at midnight on June 5.  As always, our lobbyists worked tirelessly to ensure our concerns were heard and helped to foster successes at the Capitol.



Priority liens are now evergreen!  
This issue dominated our work at the Capitol during the session.  After many arduous meetings negotiating with the bankers’ lobbyists, we prevailed in our efforts to ensure that the priority liens are now evergreen and have been extended to nine months.  We are especially grateful to Scott J. Sandler, Esq, Chair of our LAC, Karl Kuegler, CMCA and Dan Rys for playing key roles in our negotiations. And, thank you to all of our loyal supporters who made a financial contribution to help support our advocacy work. 

It is also important to note that we received support from the Coalition of Concerned Condo Owners (CCOC) and their leaders, Gail Egan, President and George Gombossy.  We have made significant strides in finding common ground in educating the common interest community.

Here is a brief overview of the bills affecting common interest communities in our state.


Public Act 13-156 - AN ACT CONCERNING THE RECOUPMENT OF MONEYS OWED TO A UNIT OWNERS' ASSOCIATION DUE TO NONPAYMENT OF ASSESSMENTS.  

1. extension of the period covered by the lien from six to nine months and applies in each action the mortgage holder brings to foreclose its mortgage on the unit as well as all actions the association brings to foreclose its lien for unpaid common charges;
3. excludes from the lien any late fees, interest, or fines that the association assesses against the unit's owner during the nine-month period;
4. specifies that the lien only includes reasonable attorneys' fees;
5. requires an association, before bringing an action to foreclose its lien, to provide mortgage holders with (a) 60 days' notice setting forth specified information and (b) a copy of the demand for payment it must already send to the unit owner; and
6. provides that if the association fails to provide the required notice, its nine-month priority lien does not include costs or attorneys' fees.

EFFECTIVE DATE: The priority lien provisions are effective upon passage and apply to actions pending on or filed on or after that date, except the notice requirements are effective October 1, 2013 and apply to actions filed on or after that date; the mortgage debt provision is effective October 1, 2013.
http://cga.ct.gov/2013/ACT/PA/2013PA-00156-R00HB-06662-PA.htm 



Public Act 13-182 - AN ACT CONCERNING THE BUDGET AND SPECIAL ASSESSMENT APPROVAL PROCESS IN COMMON INTEREST COMMUNITIES.

Please note that the original language for the bill had all associations needing to change their budget ratification procedures.  Our lobbyists and members of our LAC spent many hours working with Rep. Arthur O”Neill and the Governor’s office to reach agreement to limit the scope of this bill to include only associations with over 2,400 units among other conditions.
This bill changes requirements under the Common Interest Ownership Act (CIOA) for approval of annual budgets and special assessments for certain large common interest communities and master associations.

Under existing law, common interest community annual budgets and special assessments are approved unless a majority of all unit owners (not just a majority of those voting), or a larger number specified in the association's declaration, votes to reject them.
The bill creates an exception for (1) common interest communities that have at least 2,400 residential units and were established before July 3, 1991 and (2) master associations exercising the powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more such communities, with the same size and establishment requirements as specified above. The bill provides that, for these communities and master associations, a proposed budget or assessment is approved unless (1) a majority of unit owners participating in the vote rejects it and (2) at least one-third of unit owners entitled to vote on the measure vote to reject it.
http://cga.ct.gov/2013/ACT/PA/2013PA-00182-R00HB-06513-PA.htm 


HB 6477 - AN ACT CONCERNING THE STATUTORY LIEN FOR ASSESSMENTS ON A CONDOMINIUM UNIT.  

1. community association managers are subject to disciplinary action for knowing and material violations of the Common Interest Ownership Act (CIOA) or Condominium Act; 
2. exempts board members or association officers from criminal liability, under certain circumstances, for alleged violations of the state building or fire safety code or a municipal health, housing, or safety code; 
3. if the board provides unit owners with a meeting schedule, the secretary or other officer specified in the bylaws must make an agenda available to board members and unit owners, no later than 48 hours before the meeting;
4.  allows associations to provide proxy forms to unit owners. The proxy forms must include a blank space for the insertion of the proxy holder's name. The bill also allows the forms to include the name of a person the association designates to be the default proxy holder. Such a person is authorized to exercise the proxy if the unit owner does not specify the name of the proxy holder subject to the limitations set forth for proxy voting under CIOA and the bill.
5. Under CIOA, associations must keep detailed records of receipts and expenditures affecting their operation and administration and other appropriate accounting records. The bill specifies that this includes records relating to any reserve accounts.
http://cga.ct.gov/2013/FC/2013HB-06477-R000891-FC.htm 


Public Act 13-229 AN ACT CONCERNING THE REGULATION OF PRIVATE TRANSFER FEES.

This bill bans private transfer fees on and after the bill's effective date. A “private transfer fee” is, with some exceptions, a fee or charge payable (1) upon the conveyance and subsequent conveyance of an interest in real property located in Connecticut or (2) for the right to make or accept the conveyance.
For any private transfer fee obligation in existence as of the bill's effective date, the bill requires the obligation to be (1) disclosed in the sale contract and (2) recorded in the town's land records by December 31, 2013. The bill also specifies how real property can become unencumbered by an existing obligation.
Under the bill, a “private transfer fee” is a fee or charge payable (1) upon the conveyance and subsequent conveyance of an interest in real property in Connecticut or (2) for the right to make or accept the conveyance.  It does not include any:
…dues, assessment, fine, contribution, fee, charge, or other amount payable to an association or a unit owners' association organized under the Common Interest Ownership Act pursuant to any declaration, covenant, law, or association bylaw, rule, or regulation, including a fee or charge payable to the association for an estoppel letter or certificate;

http://cga.ct.gov/2013/BA/2013SB-00859-R01-BA.htm

more Upcoming Events

2/2/2019
Condo Inc. - (Education for Homeowners & Board Members)

3/16/2019
Annual Condo/HOA Conference & Expo

 

 

Membership Management Software Powered by YourMembership  ::  Legal