(a) An implied warranty of fitness and merchantability shall attach (1) to each building or other improvement completed not more than two years prior to, or at any time after, the date of the recording of the original condominium instruments; and (2) to the personal property that is transferred with or is appurtenant to each of such buildings or other improvements. For the purpose of this section, completion of a building means issuance of a final certificate of occupancy or the equivalent authorization issued by the governmental body having jurisdiction.
(b) This implied warranty shall inure to the benefit of each unit owner and his successors, and to the benefit of the declarant, as follows: (1) As to the roof and structural components of a building or other improvement, and as to mechanical, electrical and plumbing components serving a building or improvement, as distinguished from mechanical components serving only a unit, there shall be the following warranties: (A) From the declarant for the period beginning with the date of the first occupancy or use of a building or improvement by a unit owner other than the declarant, and ending one year thereafter; (B) from the contractor, subcontractors and suppliers for a period of one year from the completion of construction or installation. (2) As to all other components of a building or other improvement there shall be the following warranties: (A) From the declarant for a period of one year from the date of the closing of a sale of a unit or from the date of first occupancy of the unit, whichever shall first occur, as to such unit and the limited common elements appurtenant thereto, and as to all other buildings and real estate improvements beginning with the date of first use of the same by a unit owner other than the declarant; (B) from the contractor, subcontractors and suppliers, as to each building or other improvement, for a period of one year from the completion of construction thereof.
(c) The warranties herein provided may be asserted by a unit owner or by the unit owners' association on its own behalf or on behalf of one or more unit owners, and shall be conditioned upon the performance of routine maintenance.
(P.A. 76-308, S. 25, 36.)
Although statute applies only to units sold on and after January 1, 1977, it is not exclusive remedy and nonstatutory implied warranty will be imposed on builder-vendor of condominium. 36 CS 160.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Section 47-67 and 47-68. - Title. Definitions.
Section 47-68a. - Short title: Condominium Act of 1976. Definitions.
Section 47-69. - Applicability of chapter.
Section 47-70. - Declaration. Covenants, easements and liens on conveyances limited.
Section 47-70a. - Amendment of declaration or bylaws.
Section 47-71. - Recording of declaration and other instruments.
Section 47-71a. - Expansion of condominiums.
Section 47-71b. - Public offering statement.
Section 47-72. - Deeds of units. Leases.
Section 47-73. - Unit as real property.
Section 47-73a. - Boundaries, encroachments and easements.
Section 47-74. - Rights of unit owners.
Section 47-74c. - Declarant not to retain ownership interest in recreational facilities.
Section 47-74e. - Implied warranties.
Section 47-74f. - Nonbinding reservation agreements. Cancellation.
Section 47-75. - Obligations of unit owners. Limit on liability of unit owner.
Section 47-75a. - Resale of unit by person other than declarant.
Section 47-76. - Allocation of profits and expenses.
Section 47-77. - Assessment of common expenses. Liens and foreclosure.
Section 47-78. - Owner may not exempt himself from liability.
Section 47-79. - Collection of taxes and assessments.
Section 47-81. - Accounting records. Availability of records. Loan disclosure and comments. Audit.
Section 47-82. - Liens against units.
Section 47-85. - Actions between unit owners.
Section 47-86. - Owners, tenants and employees bound by chapter.
Section 47-87. - Liability for mortgages, liens and assessments on conveyance of unit.
Section 47-88. - Removal of property from application of chapter. Resubmission of property.
Section 47-88a. - Consolidation of condominiums.
Section 47-88b. - Conversion condominiums: Requirements for conversion.
Section 47-88c. - Separate heating plants required, when.
Section 47-88d. - Reimbursement for moving and relocation expenses.
Section 47-88e. - Reserves for capital expenditures.
Section 47-88f. - Applicability of tenants' rights and protections.
Section 47-88g. - Right of action for aggrieved tenant of conversion condominium. Remedies.
Section 47-90a. - Misrepresentations in public offering statements; remedies.
Section 47-90b. - Public offering statement not required, when.
Section 47-90c. - Effective date and applicability of chapter.