Declaration
The “Declaration” defines how the condo complex is structured, the common areas, and what units are eligible for private ownership. CIOA defines the Declaration as “any instruments, however denominated, that create a common interest community, including any amendments to those instruments.” In order to purchase a condo, the seller must furnish you with the Declaration, association bylaws, rules and regulations, and resale documents. Together, they make up your ownership contract and illustrate your rights, responsibilities, duties and obligations as a condo owner.
Bylaws
The bylaws are the rules or “instruments … that contain the procedures for conduct of the affairs of the association…” Bylaws are defined in COIA and are the set of rules that govern the community. They must be recorded with the Declaration with the town clerk in every municipality in which the condominium complex is located.
Connecticut’s Condominium Act requires that bylaws provide for the following:
1. the election from among the unit owners of a board of directors;
2. the number and term of office of such board members;
3. a provision that the terms of at least one-third of such board must expire annually;
4. the board's powers and duties;
5. the directors' compensation, if any;
6. the method of removing board members;
7. the powers of the board in engaging the services of a manager or managing agent;
8. the method of calling meetings of the unit owners, and the percentage, if other than a majority, of unit owners that constitutes a quorum;
9. the qualifications, powers and duties of the officers of the association;
10. the manner of selecting and removing officers and their term and compensation, if any;
11. maintenance, repair and replacement of the common elements and payments for them, including the method of approving payment vouchers;
12. the manner of assessing against and collecting from the unit owners their share of the common expenses;
13. designation and removal of personnel necessary for the maintenance, repair, and replacement of the common elements;
14. the method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common elements;
15. restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements as are not set forth in the declaration, designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners;
16. provisions governing the alienation, conveyance, sale, leasing, purchase, ownership, and occupancy of units as are desirable;
17. provisions for the establishment of reserves to provide for maintenance, improvements, replacements, working capital, bad debts, depreciation, obsolescence, and similar purposes as are desirable, except that for a conversion condominium, provisions for reserves for capital expenditures are required;
18. the manner by which the bylaws may be modified or amended, consistent with the Condominium Act's requirements; and
19. other provisions deemed necessary for the administration of the condominium consistent with the Condominium Act
Resale Documents
After the initial sale by the developer, sellers of common interest ownership units must give buyers a package of resale disclosure documents. It is the seller’s responsibility to compile and disclose the resale documents to the buyer. Those documents must include:
1. Monthly common charges
2. Unpaid charges the seller owns the association.
3. Any restriction on a maximum or minimum resale amount.
4. The owners’ right to use or occupy the unit.
5. Owners’ ability to lease the unit.
6. Amount of reserve for capital expenditures.
7. Any upcoming capital spending approved greater than $1,000.
8. Number of unit owners who are at least sixty days delinquent in paying common charges.
9. Number of Foreclosures actions brought or pending by the association.
How do I get these important documents?
1. Each association must file the name of the contact person with the town clerk.
2. Each association must provide the seller with resale documents within ten business days of request.
As a practical matter, you may wish to review the documents filed at your town clerk’s office. However, the town clerk will not have access to current financial information that you will surely wish to review before making your decision.