As a condo owner, it is best to keep your bylaws or "association rules" in a safe place and can be easily referred to. Below are some possible scenarios that may occur and your rights as a condo owner in Connecticut:
Condo association meeting time and how to propose an issue
By law, condo association executive boards (legally, the “unit owners’ association”) meetings must be held at least once per year. The secretary or another executive board member must post a meeting notice no fewer than 10 days prior and no more than 60 days prior. Notices can be sent by mail or hand delivered.
As a unit owner, you have the right to speak at an association meeting. However, you may wish to approach board officers in advance of the meeting to discuss your thoughts.
Association meeting requirements
Associations cannot hold "secret" meetings or no meetings at all under Connecticut law. The condo association board must meet at least once per year. Under amendments to COIA adopted in 2009, board members may never meet in secret, and social gatherings at which board members are present do not count as board meetings. Even if board members wish to meet by phone, which they may, access to the call must be made available to all unit owners. In fact, board members must provide instructions as to how to participate in the meeting if it is by phone.
Budget communication
When the condo association adopts a budget, it has 30 days to provide a summary of the proposed budget to the common interest community and to set a date for a meeting to discuss the budget. At or prior to the meeting, the board is obliged to provide a reasonable opportunity for community members to voice their views.
Disapproval or rejecting a budget
Unless a simple majority of condo owners, or greater if stipulated in the declaration, vote to reject the budget, the budget passes. Check your declaration documents to know the percentage required to reject your particular condo budget.
Limit on board members
There is a limit on the number of board members. The board must have at least three members of whom the majority must be unit owners.
Removal of board member
CT law states, “Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.” In other words, board member removal requires a two-thirds vote of eligible voters at any board meeting at which there is a quorum.
Conflict of interest
Connecticut adopted a law placing expectations and restrictions on executive board members of condo associations. The law makes it illegal for an executive board member or an individual seeking election to such a board from accepting any item of value in exchange for good favor. Many condo associations are structured as non-stock corporations. As an officer, board members are obliged to discharge their duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and to do so in a manner in which s/he believes to be in the best interests of the association.
Community health risk
You should explore, with your condo association, whether there is a reason why the problem has not been fixed. If the problem is the fault or responsibility of a fellow condo owner, the condo association can take legal action against the unit owner. They also have the authority to levy a lien and institute penalties against condo owners to try to force them to pay to fix the problem.
If there are concerns with the association's funds, be sure to raise your concerns with your board members. If that does not work, be sure to discuss it with fellow unit owners. You should report this health concern to your local Health Department and you may wish to consider taking legal action against the condo association board.
Pet ownership
Pet owners have rights. Non-pet owners have rights, too. Check your condo bylaws. They may stipulate whether pets are welcome in the complex and, if so, what kinds of pets may be specifically welcomed or prohibited.
Noise complaints
State law gives a condo board broad discretion in enforcing the rules. In fact, boards can decline to take action against violators whenever they determine that doing so would not justify expending the association’s resources or would otherwise not serve the association’s best interests. When they decline to act, state law specifically says that they have not rescinded or waived their ability to enforce the same rule later, so long as the boards are not acting in an arbitrary or capricious manner (such as flipping a coin, favoring their friends, etc.).
You should send your community’s board or manager a written complaint that concisely identifies specific examples and individuals. If the board chooses not to act, your remedy is to vote to elect new board members who share your concerns at the next annual meeting.
Mediation
Connecticut law does not presently offer a mediation solution through the Department of Consumer Protection. But mediation may be an excellent path to explore privately if permissible under your bylaws. Try to resolve disputes directly with the board. Communication is often your best course of action.
In Connecticut, do Community Association Managers have to be licensed with the Department of Consumer Protection?
Third party CAMs (private organizations hired by condo association boards) must hold a credential through DCP. Prerequisites are education, training and background check. Most associations in Connecticut are small and self-managed. Self-managed CAMs do not require licenses.