The Connecticut Condo Owners Coalition (CCOC) is proposing major changes this year for the General Assembly, that even if partially successful could have dramatic impact for condo owners and for condo associations.
Some of the proposals have been around for years and have been defeated by legislators under pressure from representatives of condo management companies and condo associations.
The proposals include:
Department of Consumer Protection:
(1) Shall have jurisdiction to address condo owner issues;
(2) Shall mediate condo owner complaints by trying to resolve matters between owners and property managers without the parties having to go to court. Such mediation may involve volunteers to assist. Letters shall be mailed to all parties, identifying any laws which may be relevant to the complaint at hand;
(3) Shall publish a section on its website for condo owners, which shall contain: A log of condo complaints on its DCP website, including case number, date, complainant and respondent names; A Condominium-Living Rights and Responsibilities Pamphlet to include matters concerning: Prospective and existing unit owners, Homeowner associations, Property managers, Unit owner Bill of Rights, and a list of resources and contacts with descriptions of 100 words or less provided by condo-related organizations;
(4) Shall publish an online survey of condo owners similar to Ministry of Consumer Affairs, Province of Ontario, Canada model, http://www.montekwinter.com/pdf/7.pdf and http://condobusiness.ca/OntarioGovernmentCondoOwnersSurvey.aspx;
(5) Shall publish ‘10 Things to Know about Condo Living,’ using the Chicago Condo Resource model, http://www.chicagocondoresource.com/condo-living/before-you-buy/110-10-things-to-know-about-condo-living. [Perhaps the State of Connecticut can obtain permission to pick up some of the material existing on these websites at little to no cost],
(6) Shall post cases involving community association manager misconduct, including case number, date, nature of misconduct and disposition, including fines or other decisions;
(7) Shall be mandated to take proper action to address any illegal activity identified by a complainant within 10 business days of receipt of complaint and shall keep all parties apprised of action taken every three months;
(8) Shall establish a first level, informal dispute resolution process to help parties in conflict avoid legal battles, and/or an Alternative Dispute Resolution process, the options of which shall be published on the DCP website.
Attorney General’s Office:
(1) Shall have jurisdiction to address condo owner issues, particularly those in which a complainant identifies alleged illegal activity;
(2) Shall mediate condo owner complaints by trying to resolve matters between owners and property managers without the parties having to go to court. Such mediation may involve impartial volunteers to assist. Letters shall be mailed to all parties, identifying any laws which may be relevant to the complaint at hand;
(3) Shall publish a link on its website directing those interested in condo matters to a section of the DCP website which shall contain information on condo ownership;
(4) Shall log and publish condo owner complaints on its website, including case number, date, complainant and respondent names, nature of illegal activity if found, and disposition, including fines and other decisions;
(5) Shall define which information and documentation, if applicable, is required from complainants to review a case;
(6) Shall provide on its website an online complaint form for association homeowners to identify items needed for full investigation.
Secretary of State:
(1) Shall establish and publish online homeowner association election procedures for all matters involving voting;
(2) Shall log and publish on its website all homeowner association documentation submitted for registration, as well as all homeowner complaints for non-compliance, including case number, date, complainant and respondent names.
Connecticut Commission on Human Rights and Opportunities:
Shall be given jurisdiction over matters involving elderly and disabled citizens who report matters involving condo or property manager misconduct.
Municipal Housing Authorities, health inspectors and building departments:
Shall have jurisdiction to rule on unresolved condo matters without owners having to go to court.
Community Association Manager:
(1) Community Association Manager statutes shall be tied into the Common Interest Ownership Act;
(2) All community association managers must be licensed and registered, participate in ongoing continuing education, and be subject to fines or other penalties when found guilty of misconduct by DCP, regardless of how they are hired and paid, or even if an association hires its own independent manager, and shall be responsible for reporting to the Dept of Consumer Protection;
(3) Managers shall not be a property owner in the association;
(4) Managers must respond in writing to all condo owner correspondence with disposition of any concerns within 10 business days;
(5) Managers shall be able to recommend and communicate proposed solutions in writing to unit owners or make routine decisions in the interest of unit owners without the need for full board approval or waiting for the next board meeting.
Homeowner Associations:
(1) When the association calls a vote of any kind, it shall mail absentee ballots to all owners. A signed and dated copy of the ballot may be delivered in person, by fax, by email, if scanned, or U.S. mail. If a meeting notice is sent to owner, the absentee ballot shall be mailed along with the notice;
(2) Owners should be given copies of documents and reasonable inspection time quarterly free of charge;
(3) Association shall post online all governing documents and financial records, including the association’s declaration, bylaws, rules, third-party contracts in force, and last annual report filed with the Secretary of State, auditor’s report, checkbook register, budget, reserve funds, receipts, assessment delinquencies and collections actions, legal actions, tax returns, and all contracts (including property manager’s contract) and shall make available to owners free of charge; [Shall improve transparency and communication, reducing conflict]
(4) Post all association annual meeting, board meeting and committee meeting minutes, results of all votes of association, as well as service requests made to property manager online within 7 days of the activity; these shall remain online for one year; unresolved service requests shall remain online until completed. Board meetings to be held monthly to allow owners an opportunity to raise issues with board members;
(5) All ballots and elections results shall be kept on community premises and be available for review free of charge with elections committee chair or board president;
(6) Associations shall segregate funds so there is visibility of funds available for special projects (called fund accounting);
(7) Association shall provide a written statement to owners annually indicating what items are not covered by the association’s insurance policy that may affect unit owners, and what insurance coverages unit owners are responsible for themselves;
(8) The association shall schedule one community meeting per year with the insurance agent to give owners an opportunity to discuss any insurance issues; association shall provide written documentation outlining how unit owners may file an insurance claim against the association;
(9) Establish mandatory competitive bidding procedures, requiring a minimum of three qualified bids, as well as owner approval, for all projects $2,500 or higher;
(10) Mandate that all homeowner associations hold at least one condo law education session per year, which shall be open to all unit owners;
(11) Annual board election results with all candidate vote counts shall be reported to the Secretary of State along with certificate renewal application and name and contact information of person(s) who verified the results;
(12) Unit owners shall have the right to address the board for up to 10 minutes both before and after any board meeting. Association shall provide a notice in writing to all owners about how to add agenda items to meeting agendas. Meeting agendas shall be published online and emailed to unit owners, as well as posted in common areas, such as the association office, clubhouse, bulletin board, and/or other common areas. Agenda for each meeting shall be published at least 7 days in advance of the meeting identifying topics to be discussed, including date, time and place of meeting. Unit owners shall be sent reminders and cancellation of board meetings as board members are notified;
(13) Mandate that associations use an independent auditor once per year; the audit shall be available online for owner review;
(14) Mandate a six-year term limit for all association board members. If seat is not contested, board member may continue for another term without limit;
(15) If a single proposed special assessment or the total of several proposed special assessments during a fiscal year will exceed 15% of the yearly budget, a unit owner meeting must be held to discuss the assessment(s) and the special assessment(s) shall be approved by 51% of the unit owners who vote in order to take effect. Notice to owners regarding such meeting along with ballot shall be mailed to all unit owners no less than 14 days in advance of meeting when special assessment will be discussed. Owners shall be allowed to review the vote count following the vote. Legislation should include that ALL special assessments and emergency assessments funds may only be spent for the purpose(s) for which they were approved by unit owners or the association board, as application; [Similar to language already in the emergency assessment aspect of the statute; just copy it to apply to all special assessments].
Other:
Establish an Office of Condominium Ombudsman;
Mandate municipal condo refuse rebate given to associations who are not eligible to receive municipal refuse collection service;
New condo law language will be written in simple, easy to follow language;
All homeowners associations should operate under the same general state laws, eliminating the need for bylaws, though some elements may be modified by a vote of the majority interest.
The Connecticut Condo Owners Coalition (CCOC), a grassroots organization, is comprised of hundreds of condo owners from 112 cities and towns statewide. It seeks a level playing field between condo owners and condo associations, and petitions state legislators to improve and enforce existing condo laws. For more information or to join, visit www.wix.com/ctcondoowners/ccoc or email ctcondoowners@yahoo.com.
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Great article!
Connecticut Condo Owners: Join the Connecticut Condo Owners Coalition to help protect the interests of condo owners statewide. Email ctcondoowners@yahoo.com for more information.