(a) The common profits of the condominium shall be distributed among the unit owners according to the percentage of the undivided interest in the common elements or be credited to their assessments for common expenses according to the stated percentage, or be used for any other purpose as the association of unit owners decides.
(b) Funds for the payment of current common expenses and for the creation of reserves for the payment of future common expenses and funds for improvements, replacements and additions shall be obtained by assessments against the unit owners in proportion to their percentage interests in the common elements; provided any declarant who owns a unit occupied by a holdover tenant may increase the rent of such tenant only by the amount of any such assessment for the payment of current common expenses not already included in the rent.
(c) Except as provided otherwise by the condominium instruments, any expenses associated with the maintenance, repair, renovation, restoration or replacement of any limited common element shall be common expenses, provided no expenses for repairs or reconstruction of units which occur prior to the original sale of the unit by the declarant shall be considered as a common expense.
(d) To the extent that the condominium instruments expressly so provide, any other costs incurred by the association caused by the negligence or wilful misconduct of any unit owner or his licensee or invitees, or for a specific service rendered to a unit owner which is different from services regularly rendered to all unit owners, shall be specially assessed against said unit owner in accordance with such reasonable provisions as the condominium instruments may make for such cases.
(1963, P.A. 605, S. 9; P.A. 76-308, S. 12, 36; P.A. 80-370, S. 3, 9; P.A. 81-319, S. 4, 6.)
History: P.A. 76-308 made provision for the division of common profits and assessment of common expenses according to the percentage to undivided interest in the common elements and provided that damage caused by negligence or wilful misconduct shall be specially assessed against the unit owner causing such damages if the condominium instruments so provide; P.A. 80-370 added provisos in Subsecs. (b) and (c); P.A. 81-319 amended Subsec. (b) to clarify that the rent of a holdover tenant may be increased “only” by the amount of any assessment for common expenses not already included in the rent.
Cited. 208 C. 318.
Subsec. (b):
As assessment was valid and calculation to correct the apportionment to each owner was ministerial, defendant's argument that the assessment was invalid has no merit. 114 CA 233.
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.