(a) The following requirements apply to unit owner meetings:
(1) An association shall hold a meeting of unit owners annually at a time, date and place stated in or fixed in accordance with the bylaws;
(2) An association shall hold a special meeting of unit owners if its president, a majority of the executive board, or unit owners having at least twenty per cent, or any lower percentage specified in the bylaws, of the votes in the association request that the secretary call the meeting. If the association does not notify unit owners of a special meeting within fifteen days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly notify the unit owners of the meeting. Only matters described in the meeting notice required by subdivision (3) of this subsection may be considered at a special meeting;
(3) An association shall notify unit owners of the time, date and place of each annual and special meeting of unit owners not less than ten days or more than sixty days before the meeting date. Notice may be by any means described in section 47-261c. The notice of any meeting shall state the time, date and place of the meeting and the items on the agenda, including (A) a statement of the general nature of any proposed amendment to the declaration or bylaws, (B) any budget changes, and (C) any proposal to remove an officer or member of the executive board;
(4) Unit owners shall be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association; and
(5) Unless prohibited by the declaration or bylaws, meetings of unit owners may be conducted by telephonic, video or other conferencing process if the alternative process is consistent with subdivision (7) of subsection (b) of this section.
(b) The following requirements apply to meetings of the executive board and committees of the association authorized to act for the association:
(1) Meetings shall be open to the unit owners and to a representative designated by any unit owner except during executive sessions. The executive board and those committees may hold an executive session only during a regular or special meeting of the board or a committee. No final vote or action may be taken during an executive session. An executive session may be held only to: (A) Consult with the association's attorney concerning legal matters; (B) discuss existing or potential litigation or mediation, arbitration or administrative proceedings; (C) discuss labor or personnel matters; (D) discuss contracts, leases and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or (E) prevent public knowledge of the matter to be discussed if the executive board or committee determines that public knowledge would violate the privacy of any person.
(2) For purposes of this section, a gathering of board members at which the board members do not conduct association business is not a meeting of the executive board. The executive board and its members may not use incidental or social gatherings of board members or any other method to evade the open meeting requirements of this section.
(3) Notwithstanding any actions taken by not less than two-thirds consent of the entire executive board pursuant to subdivision (8) or (9) of this subsection, during and after the period of declarant control, the executive board shall meet at least two times a year at the common interest community or at a place convenient to the community. Those meetings, and after termination of the period of declarant control, all executive board meetings, shall be at the common interest community or at a place convenient to the community unless the bylaws are amended to vary the location of those meetings.
(4) At each executive board meeting, the executive board shall provide a reasonable opportunity for unit owners to comment regarding any matter affecting the common interest community and the association.
(5) Unless the meeting is included in a schedule given to the unit owners or the meeting is called to deal with an emergency, the secretary or other officer specified in the bylaws shall give notice of each executive board meeting to each board member and to the unit owners. The notice shall be given at least five days before the meeting and shall state the time, date, place and agenda of the meeting, except that notice of a meeting called to adopt, amend or repeal a rule shall be given in accordance with subsection (a) of section 47-261b. If notice of the meeting is included in a schedule given to the unit owners, the secretary or other officer specified in the bylaws shall make available an agenda for such meeting to each board member and to the unit owners not later than forty-eight hours prior to the meeting.
(6) If any materials are distributed to the executive board before the meeting, the executive board at the same time shall make copies of those materials reasonably available to unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session.
(7) Unless prohibited by the declaration or bylaws, the executive board may meet by telephonic, video or other conferencing process if (A) the meeting notice states the conferencing process to be used and provides information explaining how unit owners may participate in the conference directly or by meeting at a central location or conference connection; and (B) the process provides all unit owners the opportunity to hear or perceive the discussion and offer comments as provided in subdivision (4) of this subsection.
(8) The minutes of all executive board meetings shall contain a record of how each board member cast his or her vote on any final action proposed to be taken by the executive board, unless such action was approved either by unanimous consent of the board members or without objection by any board member.
(9) Instead of meeting, the executive board may act by not less than two-thirds consent of all executive board members as documented in a record authenticated by its members, noting the consent or nonconsent of each executive board member. The secretary promptly shall give notice to all unit owners of any action taken by not less than two-thirds consent of all executive board members.
(10) Even if an action by the executive board is not in compliance with this section, it is valid unless set aside by a court. A challenge to the validity of an action of the executive board for failure to comply with this section may not be brought more than sixty days after the minutes of the executive board of the meeting at which the action was taken are approved or the record of that action is distributed to unit owners, whichever is later.
(c) Meetings of the association shall be conducted in accordance with the most recent edition of Roberts' Rules of Order Newly Revised unless (1) the declaration, bylaws or other law otherwise provides, or (2) two-thirds of the votes allocated to owners present at the meeting are cast to suspend those rules.
(P.A. 83-474, S. 51, 96; P.A. 09-225, S. 25; P.A. 10-186, S. 10, 25; P.A. 13-289, S. 2; P.A. 14-215, S. 1; P.A. 15-211, S. 26, 27; P.A. 21-169, S. 1.)
History: P.A. 09-225 designated existing provisions as Subsec. (a) and amended same by adding requirements for unit owner meetings, added Subsec. (b) re executive board and committee meetings and added Subsec. (c) re conduct of meetings, effective July 1, 2010; P.A. 10-186 made technical changes in Subsec. (a)(2) and (3) and amended Subsec. (b)(5) to require notice at least 5 days, rather than 10 days, before meeting and add exception that notice to adopt, amend or repeal a rule shall be given in accordance with Sec. 47-261b(a), effective July 1, 2010; P.A. 13-289 amended Subsec. (b)(5) by adding provision re secretary or other officer to make meeting agenda available not later than 48 hours prior to the meeting if meeting notice is included in schedule given to unit owners; P.A. 14-215 amended Subsec. (b) by replacing “of subsection (b) of this section” with “or (9) of this subsection” in Subdiv. (3), adding new Subdiv. (8) requiring minutes of executive board meetings to contain record of how each board member cast his or her vote and redesignating existing Subdivs. (8) and (9) as Subdivs. (9) and (10); P.A. 15-211 amended Subsec. (b) by substituting “not less than two-thirds consent of the entire executive board” for “unanimous consent” in Subdiv. (3), and by substituting “not less than two-thirds consent of all executive board members” for “unanimous consent”, adding provision re authenticated record noting the consent or nonconsent of each executive board member and making a technical change in Subdiv. (9); P.A. 21-169 amened Subsec. (a)(5) by changing “The declaration or bylaws may allow for” to “Unless prohibited by the declaration or bylaws,” and changing “to” to “may”, effective July 12, 2021.
Structure 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 47-206. - Eminent domain.
Section 47-207. - Supplemental general principles of law applicable.
Section 47-208. - Construction against implicit repeal.
Section 47-209. - Severability.
Section 47-211. - Obligation of good faith.
Section 47-212. - Remedies to be liberally administered.
Section 47-213. - Adjustment of dollar amount.
Section 47-214. - Applicability of chapter and amendments thereto to common interest communities.
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 47-219b. - Exemption re covenant to share costs or other obligations.
Section 47-220. - Creation of common interest community.
Section 47-221. - Unit boundaries.
Section 47-223. - 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 47-231. - 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 47-240. - 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 47-246. - Transfer of special declarant rights. Obligations and liabilities.
Section 47-247. - Termination of contracts and leases.
Section 47-249. - Upkeep of common interest community. Liability for expenses.
Section 47-250. - Meetings. Rules.
Section 47-252. - Voting. Proxies. Ballots.
Section 47-254. - Conveyance or encumbrance of common elements.
Section 47-256. - Surplus funds.
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 47-261c. - 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 47-263. - Public offering statement requirements. Liability.
Section 47-264. - Public offering statement. General provisions and requirements.
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 47-279. - 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.