(a) The unit owners may remove a property from the provisions of this chapter by recording an instrument to that effect, containing the signature of ninety per cent of the unit owners, provided the holders of all liens affecting any of the units consent thereto or agree, in either case by recorded instruments, that their liens be transferred to an undivided interest in the property.
(b) Upon removal of the property from the provisions of this chapter, the unit owners shall own the property as tenants in common with undivided interests equal to the percentage of undivided interests in the common elements owned by each such owner immediately prior to the recordation of the instrument referred to in subsection (a) of this section. As long as such tenancy in common continues, each unit owner shall have an exclusive right of occupancy of that portion of such property which formerly constituted his or her unit.
(c) Upon removal of the property from the provisions of this chapter, any rights the unit owners may have to the assets of the unit owners' association shall be in proportion to their respective undivided interests in the common elements immediately prior to the recordation of the instrument referred to in subsection (a) of this section.
(d) The removal provided for in this section shall not bar the subsequent resubmission of the property to the provisions of this chapter, by an instrument signed by the same percentage of unit owners and mortgagees as specified in subsection (a) of this section for removal.
(1963, P.A. 605, S. 14, 15; 1971, P.A. 813, S. 13; P.A. 76-308, S. 27, 36; P.A. 05-288, S. 163; P.A. 06-196, S. 177.)
History: 1971 act made the act of recording a removal from the provisions of chapter 825 the operative act to effect the removal; P.A. 76-308 specified that the unit owners shall have the rights in the assets of the unit owners association at the time of removal in proportion to their respective undivided interests in the common elements; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 06-196 made technical changes in Subsec. (b), effective June 7, 2006.
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.