Connecticut General Statutes
Chapter 828 - Common Interest Ownership Act
Section 47-228. - Surveys and plans.

(a) Surveys and plans are required for condominiums and planned communities, but are not required for cooperatives. Any surveys and plans are a part of the declaration. Separate surveys and plans are not required by this chapter if all the information required by this section is contained in either a survey or plan. Each survey and plan shall be clear and legible and contain a certification that the survey or plan contains all information required by this section.

(b) Each survey shall show or project: (1) The name and a survey or general schematic map of the entire common interest community; (2) the location and dimensions of all real property not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real property; (3) a legally sufficient description of any real property subject to development rights, labeled to identify the rights applicable to each parcel; (4) the extent of any encroachments by or on any portion of the common interest community; (5) to the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community; (6) except as provided in subsection (h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit's identifying number; (7) except as provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit's identifying number; (8) a legally sufficient description of any real property in which the unit owners will own only an estate for years, labeled as “leasehold real property”; (9) the distance between noncontiguous parcels of real property comprising the common interest community; (10) the approximate location and dimensions of any porches, decks, balconies, garages or patios allocated as limited common elements and show or contain a narrative description of any other limited common elements; and (11) in the case of real property not subject to development rights, all other matters customarily shown on land surveys.
(c) A survey may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown shall be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT”.
(d) Except as provided in subsection (h) of this section, to the extent not shown or projected on the surveys, plans of the units shall show or project: (1) The approximate location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (2) the approximate location of any horizontal unit boundaries, with reference to an established datum, and that unit's identifying number; and (3) the approximate location of any units in which the declarant has reserved the right to create additional units or common elements identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the surveys and plans.
(f) On exercising any development right, the declarant shall record either new surveys and plans necessary to conform to the requirements of subsections (a), (b) and (d) of this section, or new certifications of surveys and plans previously recorded if those surveys and plans otherwise conform to the requirements of those subsections.
(g) Any certification of a survey or plan required by this section shall be made by a licensed surveyor, architect, engineer or landscape architect and such certification shall be made in accordance with chapter 390, 391 or 396.
(h) Surveys and plans need not show the location and dimensions of the units' boundaries or their limited common elements if:
(1) The survey shows the location and dimensions of all buildings containing or comprising the units; and
(2) The declaration includes other information that shows the approximate layout of the units in those buildings and contains a narrative or graphic description of the limited common elements allocated to those units.
(P.A. 83-474, S. 29, 96; P.A. 86-218, S. 1; P.A. 95-187, S. 10.)
History: P.A. 86-218 amended Subsec. (g) by replacing “registered” with “licensed”, authorizing certification by a landscape architect, and requiring certification to be made in accordance with chapter 390, 391 or 396; P.A. 95-187 amended Subsec. (b) to require survey to show “or project” the enumerated items, add in Subdivs. (6) and (7) “except as provided in subsection (h) of this section” and “approximate” and revise Subdiv. (10) by replacing “the approximate location and dimensions of limited common elements not shown or projected on plans recorded pursuant to subsection (d), including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections (2) and (4) of section 47-221” with “the approximate location and dimensions of any porches, decks, balconies, garages or patios allocated as limited common elements and show or contain a narrative description of any other limited common elements”, amended Subsec. (d) to add “Except as provided in subsection (h) of this section,” add in Subdiv. (1) “approximate”, add in Subdivs. (2) and (3) “the approximate location” and delete Subdiv. (4) re the approximate location and dimensions of limited common elements and added Subsec. (h) re when surveys and plans need not show the location and dimensions of the units' boundaries or their limited common elements.
Cited. 207 C. 441.
Trial court finding affirmed that defendant failed to reserve developmental rights in accordance with section because amended surveys were illegible and did not contain information that sufficiently described the property. 58 CA 217.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 47 - Land and Land Titles

Chapter 828 - Common Interest Ownership Act

Section 47-200. - Short title: Common Interest Ownership Act.

Section 47-201. - Applicability of chapter.

Section 47-202. - Definitions.

Section 47-203. - Variation by agreement and waiver of rights prohibited. Exceptions.

Section 47-204. - Separate titles and taxation. Recording of certificate by cooperative. Conveyance of interest in cooperative.

Section 47-205. - Applicability of real property use laws to conversion of buildings to common interest ownership.

Section 47-206. - Eminent domain.

Section 47-207. - Supplemental general principles of law applicable.

Section 47-208. - Construction against implicit repeal.

Section 47-209. - Severability.

Section 47-210. - Unconscionable contracts or contract clauses. Leases involving land or facilities in residential common interest communities that are presumed to be unconscionable.

Section 47-211. - Obligation of good faith.

Section 47-212. - Remedies to be liberally administered.

Section 47-213. - Adjustment of dollar amount.

Section 47-213a. - Relationship of chapter to Electronic Signatures in Global and National Commerce Act.

Section 47-214. - Applicability of chapter and amendments thereto to common interest communities.

Section 47-215. - Applicability to nonresidential, mixed use and small common interest communities, limited expense liability planned communities and common interest communities with a conversion building.

Section 47-216. - Applicability to preexisting common interest communities.

Section 47-217. - Exception for certain preexisting common interest communities.

Section 47-218. - Applicability to amendments to governing instruments.

Section 47-219. - Applicability to out-of-state common interest communities.

Section 47-219a. - Arrangements re real property costs. Separate common interest community not created thereby.

Section 47-219b. - Exemption re covenant to share costs or other obligations.

Section 47-220. - Creation of common interest community.

Section 47-221. - Unit boundaries.

Section 47-222. - Construction and validity of declaration, bylaws and rules. Marketability of title. Recording of surveys or plans.

Section 47-223. - Description of unit.

Section 47-224. - Contents of declaration.

Section 47-225. - Leasehold common interest communities.

Section 47-226. - Allocation of interests.

Section 47-227. - Limited common elements.

Section 47-228. - Surveys and plans.

Section 47-229. - Exercise of development rights.

Section 47-230. - Alterations of units.

Section 47-230a. - Display of object on entry door or entry door frame which is motivated by observance of religious practice or belief. Restrictions.

Section 47-231. - Relocation of unit boundaries.

Section 47-232. - Subdivision of units.

Section 47-233. - Monuments as boundaries.

Section 47-234. - Use for sales purposes.

Section 47-235. - Easement and use rights.

Section 47-236. - Amendment of declaration or bylaws.

Section 47-237. - Termination of common interest community.

Section 47-238. - Rights of secured lenders.

Section 47-239. - Master associations.

Section 47-239a. - Termination and dissolution of master association. Establishment of nonstock corporation.

Section 47-240. - Merger or consolidation of common interest communities.

Section 47-241. - Addition of unspecified real property.

Section 47-241a. - Master planned communities.

Section 47-242. - Addition of land or units to limited equity cooperative.

Section 47-243. - Organization of unit owners' association.

Section 47-244. - Powers and duties of unit owners' association.

Section 47-244a. - Unincorporated unit owners' association's statutory agent for service.

Section 47-244b. - Service of process on statutory agent.

Section 47-245. - Executive board members and officers. Duties. Period of declarant control: Delivery of property and documents by declarant; current financial statement. Prohibitions re elections of executive board members.

Section 47-246. - Transfer of special declarant rights. Obligations and liabilities.

Section 47-247. - Termination of contracts and leases.

Section 47-248. - Bylaws.

Section 47-249. - Upkeep of common interest community. Liability for expenses.

Section 47-250. - Meetings. Rules.

Section 47-251. - Quorum.

Section 47-252. - Voting. Proxies. Ballots.

Section 47-253. - Liability.

Section 47-254. - Conveyance or encumbrance of common elements.

Section 47-255. - Insurance.

Section 47-256. - Surplus funds.

Section 47-257. - Assessments for common expenses. Assessments due to wilful misconduct, failure to comply with standards or gross negligence.

Section 47-258. - Lien for assessments and other sums due association. Enforcements.

Section 47-259. - Other liens.

Section 47-260. - Association records. Copies. Fees.

Section 47-261. - Association as trustee.

Section 47-261a. - Basic education program for association members and management.

Section 47-261b. - Rules.

Section 47-261c. - Notice to unit owners.

Section 47-261d. - Removal of officers and directors.

Section 47-261e. - Adoption of budgets. Special assessments. Loan agreements.

Section 47-261f. - Litigation involving declarant.

Section 47-261g. - Electric vehicle charging station in unit parking space or limited common element parking space.

Section 47-262. - Applicability of part. Exceptions to requirement of public offering statement or resale certificate.

Section 47-263. - Public offering statement requirements. Liability.

Section 47-264. - Public offering statement. General provisions and requirements.

Section 47-265. - Requirements for public offering statement when community is subject to development rights.

Section 47-266. - Requirements for public offering statement when ownership or occupancy is by time shares.

Section 47-267. - Requirements for public offering statement when community contains conversion building.

Section 47-268. - Requirements for public offering statement when interest in community is security.

Section 47-269. - Purchaser's right to cancel.

Section 47-270. - Resales of units.

Section 47-271. - Escrow of deposits. Distribution of interest.

Section 47-272. - Release of liens.

Section 47-273. - Rights of tenants in conversion buildings.

Section 47-274. - Express warranties of quality.

Section 47-275. - Implied warranties of quality.

Section 47-276. - Exclusion or modification of implied warranties of quality.

Section 47-277. - Action for breach of warranty. Statute of limitations.

Section 47-278. - Cause of action to enforce chapter, declaration or bylaws. Attorney's fees and costs. Alternative dispute resolution. Hearings before executive board.

Section 47-279. - Labeling of promotional material.

Section 47-280. - Declarant's obligation to complete and restore.

Section 47-281. - Substantial completion of units required.

Section 47-282. - Statement of policy.

Section 47-283. - Definitions.

Section 47-284. - Conversion tenant's right to conversion notice and public offering statement.

Section 47-285. - Conversion tenant's right to purchase converted unit.

Section 47-286. - Conversion tenant's right to terminate lease and abandon unit.

Section 47-287. - Conversion tenant's right to relocation payment.

Section 47-288. - Registration of common interest community. Notice to Department of Housing.

Section 47-289. - Rent increases of conversion tenants.

Section 47-290. - Eviction of conversion tenants.

Section 47-291. - Unenforceable lease provisions.

Section 47-292. - Tenant's cause of action.

Section 47-293. - Applicability of protection afforded conversion tenants.

Section 47-294. - Complaints of violations. Investigations. Enforcement action by Attorney General.

Section 47-295. - Regulations.