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Our outline for transition of control
of association from the declarant to the unit owners of the community
When a condominium
or other common interest community is created, the declarant is
ordinarily the owner of all of the new units and, as such, controls the
community association. By the time the declarant transfers all of the
units and departs, the unit owners should have all of the votes in the
association and the power to elect its officers and directors. The unit
owner-controlled association should also have possession of all of the
books, records, and property of the association to enable it to
function on behalf of the unit owners.
Common Interest Ownership Act
This statute, also
known as "CIOA," applies to common
interest communities created on or after January 1, 1984. Portions of
it apply to communities created before then, as stated in the footnotes
in the table of contents and in the parenthetical notes after relevant section
numbers.
A comprehensive set
of amendments were made to the Connecticut Common Interest Ownership
Act in 2009. The amendments are based on the 2008 Amendments to the
Uniform Common Interest Ownership Act or “UCIOA
3.0,” which were prepared by the Common
Interest Ownership Committee of the National
Conference of Commissioners on Uniform State Laws or “NCCUSL.” Portions of the amendments were
effective upon enactment in 2009. The rest will become effective on
July 1, 2010.
The amendments are
contained in Public Act No. 09-225, which is available here. Click here for the text of
the Common Interest Ownership Act that will become effective on July 1,
2010.
Condominium Act of 1976
This statute, also
known as the "Condo Act," applies to condominiums created on
or after January 1, 1977 through December 31, 1983.
Unit Ownership Act
This statute, which
is no longer codified in the Connecticut General Statutes, applies to
condominiums created before 1977.
Revised Nonstock Corporation Act
This statute, also
known as the "Nonstock Act," applies to common interest
communities whose associations of unit owners are incorporated as
nonstock corporations.
Community Association Manager
Registration Statute
This statute,
Chapter 400b of the Connecticut General Statutes, applies to managers
of community associations.
Freedom to Display the
American Flag Act of 2005
This federal
statute, Pub.L. 109-243, July 24, 2006, 120
Stat. 572, which is cross-referenced to 4 U.S.C.
§ 5, applies to all community associations and limits their ability to
restrict the display of the United States Flag.
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