Conn. Gen. Stat. § 47a-7b — Connecticut Code / Title 47a / Chapter 830 / Section 47a-7b
Sec. 47a-7b. Request to change dwelling unit locks when tenant is named as a protected person in a protective or restraining order.
Status: in_force

(b) If a landlord has informed the tenant that the tenant is responsible for changing the locks, fails to change the locks, or fails to permit a tenant to change the locks within the timeframe prescribed under subsection (a) of this section, the tenant may proceed to change the locks. If a tenant changes the locks, the tenant shall ensure that the locks are changed in a workmanlike manner, utilizing locks of similar or improved quality as compared to the original locks. The landlord may replace a lock installed by or at the behest of a tenant if the locks installed were not of similar or improved quality or were not installed properly. If a tenant changes the locks to his or her dwelling unit under this subsection, the tenant shall provide a key to the new locks to the landlord not later than two business days after the date on which the locks were changed, except when good cause prevents the tenant from providing a key to the landlord within the prescribed time period.

(c) When a landlord changes the locks to a dwelling unit under subsection (a) or (b) of this section, the landlord (1) shall, if using a professional contractor or locksmith, be responsible for payment to such contractor or locksmith, (2) shall, at or prior to the time of changing such locks, provide a key to the new locks to the tenant, and (3) may charge a fee to the tenant not exceeding the actual reasonable cost of changing the locks. If the tenant fails to pay the fee, such cost may be recouped by suit against the tenant or as a deduction from the security deposit when the tenant vacates the dwelling unit, but shall not be the basis for a summary process action under chapter 832. For purposes of this subsection, “actual reasonable cost” means the cost of the lock mechanism, as well as the fee paid by the landlord for professional contractor or locksmith services.

(d) A landlord may reprogram a digital or electronic lock with a new entry code to comply with the provisions of this section.

(e) If a tenant residing in the dwelling unit is named as the respondent or defendant in an order described in subsection (a) of this section and under such order is required to stay away from the dwelling unit, the landlord shall not provide a key to such tenant for the new locks. Absent a court order permitting a tenant who is the respondent or defendant in such order to return to the dwelling unit to retrieve his or her possessions and personal effects, the landlord has no duty under the rental agreement or by law to allow such tenant access to the dwelling unit once the landlord has been provided with a court order requiring such tenant to stay away from the dwelling unit, and the landlord shall not permit such tenant to access the dwelling unit. Any tenant excluded from the dwelling unit under this section remains liable under the rental agreement with any other tenant of the dwelling unit for rent or damages to the dwelling unit.

(f) A landlord may not require a tenant who is named as a protected person under an order described in subsection (a) of this section to pay additional rent or an additional deposit or fee because of the exclusion of the tenant who is named as the respondent or defendant in such order.

(g) Any landlord or agent of such landlord who denies a tenant named as a respondent or defendant in an order described in subsection (a) of this section access to the dwelling unit pursuant to this section shall be immune from any civil liability arising from such denial, provided the landlord or agent complies with the provisions of this section and any applicable court order.
Conn. Gen. Stat. § 47-277 — Connecticut Code / Title 47 / Chapter 828 / Section 47-277
Sec. 47-277. Action for breach of warranty. Statute of limitations.
Status: in_force

(b) Subject to subsection (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser's or association's lack of knowledge of the breach, accrues: (1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and (2) as to each common element, at the time the common element is completed and first used by a bona fide purchaser.

(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.

Subsec. (b):

Definition of “purchaser” in Sec. 47-202(25) applies to accrual provision in Subdiv. (2). 245 C. 1.
Conn. Gen. Stat. § 47-20 — Connecticut Code / Title 47 / Chapter 821 / Section 47-20
Sec. 47-20. Use of word “trustee” or “agent” in an instrument affecting real estate.
Status: in_force

Use of term “trustee” held to be a nullity. 147 C. 451. Section protects only the interests of third parties who obtain property by means of conveyance from a grantor who had received that property as trustee in the first instance and does not apply where conveyance to third-party grantee did not occur. 324 C. 277.
Conn. Gen. Stat. § 47a-27 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-27
Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee.
Status: in_force

Annotation to former section 52-535:

Grantee of leased premises succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.

Annotations to present section:

If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is an appropriate remedy. 52 CA 37.

Cited. 38 CS 70.
Conn. Gen. Stat. § 47-228 — Connecticut Code / Title 47 / Chapter 828 / Section 47-228
Sec. 47-228. Surveys and plans.
Status: reserved

(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.

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.
Conn. Gen. Stat. § 47a-14a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-14a
Sec. 47a-14a. (Formerly Sec. 19-347k). Action for private receivership of tenement house. Complaint. Notice of action.
Status: in_force

(b) Such action shall be brought in the superior court for the judicial district in which the premises are located in the same manner as in civil process naming all owners and mortgagees of record as defendants. There shall be no entry fee in such action.

(c) The plaintiffs shall cause a notice of the pendency of such action to be filed in the land records of the town in which such premises are located.

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47-54 — Connecticut Code / Title 47 / Chapter 823 / Section 47-54
Sec. 47-54. Proceedings to obtain new division fence.
Status: in_force

Verbal agreements for dividing do not run with the land. 21 C. 342; 101 C. 290.

Cited. 4 Conn. Cir. Ct. 196, 199.
Conn. Gen. Stat. § 47-21 — Connecticut Code / Title 47 / Chapter 821 / Section 47-21
Sec. 47-21. Deeds of land by persons ousted of possession, void.
Status: in_force

Section does not extend to the state. K. 221. Conveyance prohibited by statute is void. 1 R. 100; Id., 199; Id., 402; 2 D. 151. Possession of mortgagee not adverse. 2 R. 499. What evidence is admissible. Id., 121. Reconveyance of mortgage to mortgagor, both out of possession, not within statute; whether conveyance of incorporeal hereditament falls within statute. 4 D. 234. Mortgage not an alienation so as to make the parties liable. 4 C. 421. When a deed releasing title by execution is void under statute. Id., 575. Landlord is not ousted by possession of tenant; grantee of corporation may be liable. 9 C. 421. Conveyance may be void in part and valid in part under statute. 13 C. 75; 14 C. 104; 109 C. 693. Owner of the soil of a highway may be disseized thereof, subject to the public easement. 19 C. 182. Quitclaim deed is such an alienation. Id., 471; 20 C. 262. Actual possession by any one as owner is sufficient ouster of another. Id. Receipt of rents and profits of land insufficient to prove an ouster of the holder of the legal title. 36 C. 345. Tenant of land under agreement to purchase may, after performing his contract, deny title of vendor, and thereafter his holding will be adverse. 38 C. 262. Quitclaim by ousted mortgagee to third party conveys an equitable, but no legal, title. 40 C. 90. A conveyance by an ousted grantor, made to a party to whom grantor, before ouster, had contracted to convey it, is not within statute. 50 C. 46. Ouster which will render grantor's deed void under section is the same which is required to establish adverse possession. 69 C. 28; 71 C. 574; 74 C. 523; 81 C. 133; 102 C. 56; 103 C. 335; 104 C. 288; 112 C. 6; Id., 125. Existence of way not an ouster; 69 C. 163; nor is building jutting over land; 75 C. 662; 87 C. 31; nor is possession of life tenant ouster of remainderman; 76 C. 594; 77 C. 407. Effect of ouster. 81 C. 551. Grantor, or grantee in grantor's name, may sue for possession of lands from which grantor was ousted. 93 C. 115. Cited. 120 C. 16; 134 C. 342. Ouster which will make deed void is same which is required to establish adverse possession. 135 C. 691. Cited. 137 C. 42. Possession necessary to constitute an ouster under section must be of the type which would ripen into a title by adverse possession if it were continued long enough. 147 C. 689. In action to quiet title under Sec. 47-31, if defendant had been deeded land which plaintiffs occupied, judgment should declare deed to defendant void. 155 C. 327. Possession necessary to constitute an ouster under section is possession that would, if continued for the requisite period, ripen into title by adverse possession. 165 C. 457.

Cited. 1 CA 481; 37 CA 153. Possession necessary to constitute ouster is possession that would ripen into a title by adverse possession if continued for the requisite period. 48 CA 436.

Cited. 3 CS 49; 4 CS 34; 5 CS 477. Defendant's deed from his immediate predecessor in title, delivered more than 15 years after plaintiff's adverse possession began, was unavailing to convey the land in dispute since such predecessor was then out of possession. 6 CS 20. Purpose is to codify the common-law rule against champerty and maintenance; executor's deed issued by order of Probate Court is not within its scope. 34 CS 31.
Conn. Gen. Stat. § 47-235 — Connecticut Code / Title 47 / Chapter 828 / Section 47-235
Sec. 47-235. Easement and use rights.
Status: in_force

(b) Subject to the provisions of subdivision (6) of subsection (a) of section 47-244 and section 47-254 , the unit owners have an easement in the common elements for access to their units.

(c) Subject to the declaration and rules, the unit owners have a right to use the common elements that are not limited common elements and all real property that must become common elements for all appropriate purposes.
Conn. Gen. Stat. § 47-265 — Connecticut Code / Title 47 / Chapter 828 / Section 47-265
Sec. 47-265. Requirements for public offering statement when community is subject to development rights.
Status: reserved

(1) The maximum number of units, and the maximum number of units per acre, that may be created;

(2) A statement of how many or what percentage of the units that may be created will be restricted exclusively to residential use, or a statement that no representations are made regarding use restrictions;

(3) If any of the units that may be built within real property subject to development rights are not to be restricted exclusively to residential use, a statement, with respect to each portion of that real property, of the maximum percentage of the real property areas, and the maximum percentage of the floor areas of all units that may be created therein, that are not restricted exclusively to residential use;

(4) A brief narrative description of any development rights reserved by a declarant and of any conditions relating to or limitations on the exercise of development rights;

(5) A statement of the maximum extent to which each unit's allocated interests may be changed by the exercise of any development right described in subdivision (3) of this section;

(6) A statement of the extent to which any buildings or other improvements that may be erected pursuant to any development right in any part of the common interest community will be compatible with existing buildings and improvements in the common interest community in terms of architectural style, quality of construction and size, or a statement that no assurances are made in those regards;

(7) General descriptions of all other improvements that may be made and limited common elements that may be created within any part of the common interest community pursuant to any development right reserved by the declarant, or a statement that no assurances are made in that regard;

(8) A statement of any limitations as to the locations of any building or other improvement that may be made within any part of the common interest community pursuant to any development right reserved by the declarant, or a statement that no assurances are made in that regard;

(9) A statement that any limited common elements created pursuant to any development right reserved by the declarant will be of the same general types and sizes as the limited common elements within other parts of the common interest community, or a statement of the types and sizes planned, or a statement that no assurances are made in that regard;

(10) A statement that the proportion of limited common elements to units created pursuant to any development right reserved by the declarant will be approximately equal to the proportion existing within other parts of the common interest community, or a statement of any other assurances in that regard, or a statement that no assurances are made in that regard;

(11) A statement that all restrictions in the declaration affecting use, occupancy, and alienation of units will apply to any units created pursuant to any development right reserved by the declarant, or a statement of any differentiations that may be made as to those units, or a statement that no assurances are made in that regard; and

(12) A statement of the extent to which any assurances made pursuant to this section apply or do not apply in the event that any development right is not exercised by the declarant.

Cited. 207 C. 441.
Conn. Gen. Stat. § 47-274 — Connecticut Code / Title 47 / Chapter 828 / Section 47-274
Sec. 47-274. Express warranties of quality.
Status: in_force

(1) Any affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit, area improvements and related rights and uses will conform to the affirmation or promise;

(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will substantially conform to the model or description unless the model or description clearly discloses that it is only proposed or is subject to change;

(3) Any description of the quantity or extent of the real property comprising the common interest community, including surveys, creates an express warranty that the common interest community will conform to the description, subject to customary tolerances; and

(4) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.

(b) Neither formal words, such as “warranty” or “guarantee”, nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real property or its value does not create a warranty.

(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers only to the extent such a conveyance would transfer warranties pursuant to chapter 827.
Conn. Gen. Stat. § 47-261g — Connecticut Code / Title 47 / Chapter 828 / Section 47-261g
Sec. 47-261g. Electric vehicle charging station in unit parking space or limited common element parking space.
Status: reserved

(1) “Association”, “bylaws”, “common elements”, “declaration”, “executive board”, “limited common element”, “purchaser”, “rule”, “unit” and “unit owner” have the same meanings as provided in section 47-202 ;

(2) “Electric vehicle charging station” has the same meaning as provided in section 16-19f ; and

(3) “Reasonable restrictions” means a restriction that does not significantly increase the cost of the electric vehicle charging station or significantly decrease its efficiency or specified performance.

(b) On and after October 1, 2022, any provision of the declaration or bylaws that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a unit parking space or limited common element parking space, or is otherwise in conflict with the provisions of this section, shall be void and unenforceable.

(c) An electric vehicle charging station installed pursuant to this section shall meet all applicable health and safety standards and requirements under any state or federal law or municipal ordinance.

(d) A unit owner may submit an application to the executive board to install an electric vehicle charging station in a unit parking space, or in a limited common element parking space with the written approval of the unit owner of each unit to which use of the limited common element parking space is reserved. The executive board shall acknowledge, in writing, the receipt of any such application not later than thirty days after such receipt, and process such application in the same manner as an application for an addition, alteration or improvement pursuant to the declaration or bylaws. The approval or denial of such application shall be in writing and shall be issued not later than sixty days after the date of receipt of such application. If an application is not denied in writing within such sixty-day period, the application shall be deemed approved, unless the executive board reasonably requests additional information not later than sixty days from the date of receipt of such application.

(e) If a unit owner seeks to install an electric vehicle charging station in a unit parking space or limited common element parking space, the following provisions shall apply:

(1) The unit owner shall obtain approval from the executive board to install the electric vehicle charging station and the executive board shall approve the installation if the owner agrees in writing to: (A) Comply with the provisions of the declaration or bylaws regarding an addition, alteration or improvement; (B) engage a licensed and insured contractor to install the electric vehicle charging station; (C) provide a certificate of insurance, within fourteen days of approval, that demonstrates insurance coverage in amounts deemed sufficient by the board of directors; (D) pay for the costs associated with the installation of the electric vehicle charging station, including, but not limited to, increased master policy premiums, attorney's fees incurred by the association, engineering fees, professional fees, permits and applicable zoning compliance; and (E) pay the electricity usage costs associated with the electric vehicle charging station.

(2) The unit owner, and each successive owner, of the electric vehicle charging station shall be responsible for: (A) The costs for damage to the electric vehicle charging station, common elements or units resulting from the installation, use, maintenance, repair, removal or replacement of the electric vehicle charging station; (B) the costs for the maintenance, repair and replacement of the electric vehicle charging station until it has been removed; (C) the costs for the restoration of the physical space where the electric vehicle charging station was installed after it is removed; (D) the costs of electricity associated with the electric vehicle charging station; (E) the common expenses as a result of uninsured losses pursuant to any master insurance policy held by the association of unit owners; and (F) making disclosures to prospective buyers regarding (i) the existence of the electric vehicle charging station, (ii) the associated responsibilities of the unit owner under this section, and (iii) the requirement that the purchaser accepts the electric vehicle charging station unless it is removed prior to the transfer of the unit.

(3) A unit owner shall not be required to maintain a liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.

(f) An association may (1) install an electric vehicle charging station in the common elements for the use of all unit owners and develop appropriate rules for such use, (2) create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station, (3) require the unit owner to remove the electric vehicle charging station prior to the unit owner's sale of the property unless the purchaser of the property agrees to take ownership of the electric vehicle charging station, and (4) assess the unit owner for any uninsured portion of a loss associated with an electric vehicle charging station, whether resulting from a deductible or otherwise, regardless of whether the association submits an insurance claim.

(g) In any action by an association seeking to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.

(h) The provisions of this section shall not apply to an association that imposes reasonable restrictions on electric vehicle charging stations or has electric vehicle charging stations at a ratio that is equal to or greater than fifteen per cent of the number of units.
Conn. Gen. Stat. § 47-48 — Connecticut Code / Title 47 / Chapter 823 / Section 47-48
Sec. 47-48. Barbed wire along sidewalks.
Status: in_force

When violation of a statute concerning barbed wire is not set up in complaint in action for damages for personal injuries, it is error to read statute to the jury to show that legislature thought barbed wire a dangerous thing. 101 C. 549.
Conn. Gen. Stat. § 47a-11b — Connecticut Code / Title 47a / Chapter 830 / Section 47a-11b
Sec. 47a-11b. Abandonment of unit by occupants. Landlord's remedies.
Status: in_force

(b) If all the occupants abandon the dwelling unit, the landlord may send notice to each occupant at his last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that (1) he has reason to believe that the occupant has abandoned the dwelling unit, (2) he intends to reenter and take possession of the dwelling unit unless the occupant contacts him within ten days of receipt of the notice, (3) if the occupant does not contact him, he intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, and (4) if the occupant does not reclaim such possessions and personal effects within thirty days after the notice, they will be disposed of as permitted by this section. The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted. If the notices are returned as undeliverable, or the occupant fails to contact the landlord within ten days of the receipt of the notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement or lease still in effect shall be deemed to be terminated.

(c) The landlord shall not be required to serve a notice to quit as provided in section 47a-23 and bring a summary process action as provided in section 47a-23a to obtain possession or occupancy of a dwelling unit which has been abandoned. Nothing in this section shall relieve a landlord from complying with the provisions of sections 47a-1 to 47a-20a , inclusive, and sections 47a-23 to 47a-42 , inclusive, if the landlord knows, or reasonably should know, that the occupant has not abandoned the dwelling unit.

(d) The landlord shall inventory any possessions and personal effects of the occupant in the premises and shall remove and keep them for not less than thirty days. The occupant may reclaim such possessions and personal effects from the landlord within said thirty-day period. If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate.

(e) No action shall be brought under section 47a-43 against a landlord who takes action in compliance with the provisions of this section.

Cited. 32 CA 133.
Conn. Gen. Stat. § 47-79 — Connecticut Code / Title 47 / Chapter 825 / Section 47-79
Sec. 47-79. Collection of taxes and assessments.
Status: in_force

(b) No forfeiture or sale for delinquent taxes may be made other than against the individual unit on which the taxes are delinquent and no forfeiture or sale of the improvements or the property as a whole for delinquent real property taxes, special assessments or charges shall ever divest or in any manner affect the title to any individual unit so long as the real property taxes and duly levied share of special assessment charges on the individual unit are currently paid.

Cited. 44 CA 517.
Conn. Gen. Stat. § 47-84 — Connecticut Code / Title 47 / Chapter 825 / Section 47-84
Sec. 47-84. Repairs.
Status: in_force

(b) If the condominium is damaged to the extent of two-thirds of its then replacement cost, and three-fourths of the unit owners and the holders of mortgage liens affecting at least three-quarters of the units vote not to proceed with repair or restoration, the property remaining shall be deemed to be owned in common by the unit owners, and each unit owner shall own that percentage of the undivided interest in common as he previously owned in the common elements. Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the unit owner in the property; and the property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in accordance with their interests therein, after first paying all liens out of each of the respective interests.
Conn. Gen. Stat. § 47-36c — Connecticut Code / Title 47 / Chapter 821a / Section 47-36c
Sec. 47-36c. Statutory forms for deeds.
Status: in_force

WARRANTY DEED

.... of .... for consideration paid, grant to .... of .... with WARRANTY COVENANTS

(Description and Encumbrances, if any and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

QUITCLAIM DEED

.... of .... for consideration paid, grant to .... of .... with QUITCLAIM COVENANTS

(Description and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

MORTGAGE DEED

.... of .... to secure payment of .... dollars with interest payable as provided in a certain promissory note dated .... with final maturity on .... grant to .... of .... with MORTGAGE COVENANTS ....

(Description and Encumbrances, if any and any additional provisions)

This mortgage is made upon the STATUTORY CONDITION

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

ASSIGNMENT OF MORTGAGE

.... of .... for consideration paid, assign to .... all interest in a mortgage from .... to .... dated .... and recorded in Volume .... at Page .... of the .... Connecticut Land Records.

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

CONSERVATOR'S DEED

.... of .... conservator of the estate of ...., an incapable person, for consideration paid, grant to .... with CONSERVATOR'S COVENANTS

(Description and Encumbrances, if any and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

TESTAMENTARY TRUSTEE'S DEED

.... of ...., trustee under article .... of the last will and testament ...., late of ...., .... duly qualified as trustee, for consideration paid, grant to .... with TESTAMENTARY TRUSTEE'S COVENANTS

(Description and Encumbrances if any and any other provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

EXECUTOR'S DEED

.... of .... duly qualified and authorized executor of the last will and testament of .... late of .... for consideration paid, grant to .... with EXECUTOR'S COVENANTS

(Description and Encumbrances if any and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

ADMINISTRATOR'S DEED

.... of .... duly qualified and authorized administrator of the estate of .... late of .... for consideration paid, grant to .... with ADMINISTRATOR'S COVENANTS

(Description and Encumbrances if any and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

TRUSTEE'S DEED

.... of ...., trustee under ...., .... duly qualified as trustee, for consideration paid, grant to .... with TRUSTEE'S COVENANTS

(Description and Encumbrances if any and any additional provisions)

Signed this .... day of ...., 20...

Witnessed by:

....

....

(Acknowledgment)

Cited. 207 C. 555.

Cited. 2 CA 119.
Conn. Gen. Stat. § 47-287 — Connecticut Code / Title 47 / Chapter 828 / Section 47-287
Sec. 47-287. Conversion tenant's right to relocation payment.
Status: in_force

(b) If a conversion tenant executes a written lease for a term of at least one year at any time after the tenant receives a conversion notice, the lease may provide that, after the transition period ends, the tenant waives his right to a relocation payment pursuant to this section.

(c) A tenant's household income qualifies, for purposes of subsection (a) of this section, if his household has an adjusted gross income for federal income tax purposes of less than twenty-one thousand dollars if the tenant is unmarried, or twenty-five thousand dollars if he is married.

(d) The relocation payment shall be made within ten days after the tenant vacates and shall not be considered as income or resources to the extent so provided for payment to a displaced person pursuant to section 8-277 .

Cited. 207 C. 441.
Conn. Gen. Stat. § 47a-42a — Connecticut Code / Title 47a / Chapter 832 / Section 47a-42a
Sec. 47a-42a. Eviction of tenant and occupants from commercial property. Disposition of unclaimed possessions and personal effects.
Status: in_force

(b) The state marshal charged with executing upon any such summary process judgment shall, at least twenty-four hours prior to the date and time of the eviction, use reasonable efforts to locate and notify the defendant or occupant of the date and time such eviction is to take place. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant or occupant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney. Such execution shall contain a notice advising the defendant or occupant that if he or she does not remove such defendant's or occupant's possessions and personal effects from the premises by the date and time set for the eviction and thereafter fails to claim such possessions and personal effects from the landlord and pay any removal and storage costs within fifteen days after the date of such eviction, such possessions and personal effects will be forfeited to the landlord.

(c) The state marshal who served the execution upon the defendant or occupant as provided in subsection (b) of this section shall return to the premises at the date and time such eviction is to take place. If the defendant or occupant has not removed himself or herself from the premises, the state marshal shall remove such defendant or occupant. If the defendant or occupant has not removed such defendant's or occupant's possessions and personal effects from the premises, the plaintiff, in the presence of the state marshal, shall prepare an inventory of such possessions and personal effects and provide a copy of such inventory to the state marshal. The plaintiff shall remove and store such possessions or personal effects or shall store the same in the premises. Such removal and storage or storage in the premises shall be at the expense of the defendant. If such possessions and effects are not called for by the defendant or occupant and the expense of such removal and storage or storage in the premises is not paid to the plaintiff within fifteen days after such eviction, the defendant or occupant shall forfeit such possessions and personal effects to the plaintiff and the plaintiff may dispose of them as the plaintiff deems appropriate.
Conn. Gen. Stat. § 47-253 — Connecticut Code / Title 47 / Chapter 828 / Section 47-253
Sec. 47-253. Liability.
Status: in_force

(b) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for (1) all tort losses not covered by insurance suffered by the association or that unit owner, and (2) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission.

(c) The declarant is liable to the association for all funds of the association collected during the period of declarant control which were not properly expended.

(d) Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney's fees, incurred by the association. Any statute of limitation affecting the association's right of action against a declarant under this chapter is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because he is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 47-259 .

(e) No member of the executive board or officer of the association shall be subject to criminal liability for an alleged violation of the Fire Safety Code, the State Building Code or a municipal health, housing or safety code when, pursuant to subsection (b) of section 47-261e , the executive board of an association proposes a special assessment to cover the cost of the repairs necessary to ensure compliance with the terms of such codes and the special assessment is rejected by a vote of the unit owners.

Cited. 26 CA 326.
Conn. Gen. Stat. § 47-241a — Connecticut Code / Title 47 / Chapter 828 / Section 47-241a
Sec. 47-241a. Master planned communities.
Status: in_force

(b) If the requirements of subsection (a) of this section are satisfied, the declaration for the master planned community need not state a maximum number of units and need not contain any of the information required by subdivisions (3) to (14), inclusive, of subsection (a) of section 47-224 until the declaration is amended under subsection (c) of this section.

(c) When each unit in a master planned community is conveyed to a purchaser, the declaration must contain (1) a sufficient legal description of the unit and all portions of the master planned community in which any other units have been conveyed to a purchaser, and (2) all the information required by subdivisions (3) to (14), inclusive, of subsection (a) of section 47-224 with respect to that real property.

(d) The only real property in a master planned community which is subject to this chapter are units that have been declared or which are being offered for sale and any other real property described pursuant to subsection (c) of this section. Other real property that is or may become part of the master planned community is not subject to the provisions of this chapter but is subject to any other restrictions and limitations that appear of record.

(e) If the public offering statement conspicuously identifies the fact that the community is a master planned community, the disclosure requirements contained in sections 47-262 to 47-281 , inclusive, apply only with respect to units that have been declared or are being offered for sale in connection with the public offering statement and to the real property described pursuant to subsection (c) of this section.

(f) Limitations in this chapter on the addition of unspecified real property do not apply to a master planned community.

(g) The common interest community loses its status as a master planned community if the aggregate amount of land which is either subject to the declaration or owned or contractually controlled by the declarant ceases to total at least five hundred acres.

(h) The period of declarant control of the association for a master planned community terminates in accordance with any conditions specified in the declaration or otherwise at the time the declarant, in a recorded instrument and after giving notice in a record to all unit owners, voluntarily surrenders all rights to control the activities of the association.
Conn. Gen. Stat. § 47a-3f — Connecticut Code / Title 47a / Chapter 830 / Section 47a-3f
Sec. 47a-3f. Rental agreement: Notice re operative fire sprinkler system.
Status: in_force

(b) When renting a dwelling unit in a building required to be equipped with a fire sprinkler system pursuant to section 29-315 , the State Fire Safety Code, the State Fire Prevention Code or any other statute or regulation, the landlord of such dwelling unit shall include notice in the rental agreement as to the existence or nonexistence of an operative fire sprinkler system in such building, and such notice shall be printed in not less than twelve-point boldface type of uniform font.

(c) If there is an operative fire sprinkler system in the building, the rental agreement shall provide further notice as to the last date of maintenance and inspection, and such notice shall be printed in not less than twelve-point boldface type of uniform font.
Conn. Gen. Stat. § 47-204 — Connecticut Code / Title 47 / Chapter 828 / Section 47-204
Sec. 47-204. Separate titles and taxation. Recording of certificate by cooperative. Conveyance of interest in cooperative.
Status: reserved

(b) In a condominium or planned community:

(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.

(2) If there is any unit owner other than a declarant, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.

(c) Any portion of the common elements for which the declarant has reserved any development right shall be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

(d) If there is no unit owner other than a declarant, the real property comprising the common interest community may be taxed and assessed in any manner provided by law.

(e) (1) If a cooperative was created before January 1, 1984, the association may, pursuant to this section, record a certificate on the land records signed by the president of the association and attested by its secretary, or signed by such other persons authorized to act on behalf of the association by the instruments creating or governing the cooperative. The certificate shall contain or have attached as exhibits:

(A) A statement that the association is a corporation or other legal entity formed for the purpose of cooperative ownership of real property;

(B) A statement that the certificate is recorded pursuant to this section;

(C) A statement that the facts contained in the certificate accurately restate facts contained in the books and records of the association;

(D) A statement of the location where the books and records, including the form of proprietary lease, of the association are maintained;

(E) A description of the real property owned by the association or a reference to the volume and page of the land records at which a description may be obtained, together with the date on which title to the real property owned by the association was acquired, and a reference to the deed under which the association took title;

(F) If the association is incorporated: (i) A certified copy of the current certificate of incorporation of the association; (ii) a certified copy of the last annual or biennial report of the association filed with the Secretary of the State; and (iii) a certificate of good standing for the corporation issued by the Secretary of the State within ninety days of the date of the recorded certificate;

(G) A list of the unit numbers of all units in the cooperative, together with the following information for each unit: (i) The current stock or membership certificate number, if any, for the unit; (ii) the name of the current unit owners of the unit; (iii) the date on which the proprietary lease for the unit was signed; and (iv) the identity of all holders of security interests in the unit as they appear on the books and records of the association, together with a description of the nature of each security interest and the date on which each security interest was granted.

(2) The certificate may be amended to include any other provision permitted by law, following a vote of unit owners necessary to amend instruments pursuant to section 47-218 .

(3) A recorded certificate that complies with this section constitutes the declaration for the cooperative for purposes of this chapter and is sufficient evidence for purposes of sections 47-33b to 47-33 l , inclusive, concerning marketable record title, that:

(A) The real property described or referred to in the certificate is a cooperative within the meaning of this chapter; and

(B) The persons described as unit owners in the certificate are owners of their respective units in the cooperative, subject to the security interests, if any, identified in the certificate and the interests of the association.

(4) If a transfer of any interest in a unit in a cooperative was made between January 1, 1984, and the date a certificate is recorded pursuant to this section, an identification of the transferred interest in the recorded certificate validates that transfer for purposes of this chapter but does not otherwise affect the validity of that transfer.

(5) The association may amend a recorded certificate any time to correct errors contained in it or to reflect transfers of interests in the units which occurred prior to the date of the certificate but which were not reflected on the books and records of the association on that date.

(6) A conveyance of a unit owner's interest in a cooperative created before, on or after January 1, 1984, is accomplished by delivery to the purchaser of an instrument, executed in the same manner as a deed, conveying all the seller's interest in the unit. A notice of a proprietary lease complying with section 47-19 and signed by a duly authorized officer of the association may be recorded on the land records as evidence of the named unit owner's interest in that unit.

Cited. 228 C. 498.

Cited. 44 CA 107.

Subsec. (a):

Because cooperative property must be assessed as a whole, without regard to value of individual units, trial court improperly assessed value of plaintiff's individual campground unit based on comparable sales of individual units in other campgrounds. 94 CA 696.
Conn. Gen. Stat. § 47-244 — Connecticut Code / Title 47 / Chapter 828 / Section 47-244
Sec. 47-244. Powers and duties of unit owners' association.
Status: in_force

(1) Shall adopt and may amend bylaws, and may adopt and amend rules;

(2) Shall adopt and may amend budgets, may adopt and amend special assessments, may collect assessments for common expenses from unit owners and may invest funds of the association;

(3) May hire and discharge managing agents and other employees, agents and independent contractors;

(4) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community, subject to section 47-261f ;

(5) May make contracts and incur liabilities;

(6) May regulate the use, maintenance, repair, replacement and modification of common elements;

(7) May cause additional improvements to be made as a part of the common elements;

(8) May acquire, hold, encumber and convey in its own name any right, title or interest to real property or personal property, but (A) common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 47-254 , and (B) part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 47-254 ;

(9) May grant easements, leases, licenses and concessions through or over the common elements;

(10) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subdivisions (2) and (4) of section 47-221 , and for services provided to unit owners;

(11) May impose charges or interest or both for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association;

(12) May impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by section 47-270 or statements of unpaid assessments;

(13) May provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;

(14) Subject to subsection (d) of section 47-261e , may assign its right to future income, including the right to receive common expense assessments;

(15) May exercise any other powers conferred by the declaration or bylaws;

(16) May exercise all other powers that may be exercised in this state by legal entities of the same type as the association;

(17) May exercise any other powers necessary and proper for the governance and operation of the association;

(18) May require, by regulation, that disputes between the executive board and unit owners or between two or more unit owners regarding the common interest community must be submitted to nonbinding alternative dispute resolution in the manner described in the regulation as a prerequisite to commencement of a judicial proceeding; and

(19) May suspend any right or privilege of a unit owner who fails to pay an assessment, but may not:

(A) Deny a unit owner or other occupant access to the owner's unit or its limited common elements;

(B) Suspend a unit owner's right to vote or participate in meetings of the association;

(C) Prevent a unit owner from seeking election as a director or officer of the association; or

(D) Withhold services provided to a unit or a unit owner by the association if the effect of withholding the service would be to endanger the health, safety or property of any person.

(b) The declaration may not limit the power of the association, beyond the limit authorized in subdivision (18) of subsection (a) of this section, to:

(1) Deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons; or

(2) Institute litigation or an arbitration, mediation or administrative proceeding against any person, except that the association shall comply with section 47-261f , if applicable, before instituting any proceeding described in subsection (a) of section 47-261f , in connection with construction defects.

(c) The executive board promptly shall provide notice to the unit owners of any legal proceeding in which the association is a party other than proceedings involving enforcement of rules, recovery of unpaid assessments or other sums due the association, or defense of the association's lien on a unit in a foreclosure action commenced by a third party.

(d) If a tenant of a unit owner violates the declaration, bylaws or rules and regulations of the association, in addition to exercising any of its powers against the unit owner, the association may:

(1) Exercise directly against the tenant the powers described in subdivision (11) of subsection (a) of this section;

(2) After giving notice to the tenant and the unit owner and an opportunity to be heard, levy reasonable fines against the tenant or unit owner, or both, for the violation; and

(3) Enforce any other rights against the tenant for the violation which the unit owner as landlord could lawfully have exercised under the lease, including any such right to bring a summary process action under chapter 832.

(e) The rights referred to in subdivision (3) of subsection (d) of this section may only be exercised if the tenant or unit owner fails to cure the violation within ten days after the association notifies the tenant and unit owner of that violation.

(f) Unless a lease otherwise provides, this section does not:

(1) Affect rights that the unit owner has to enforce the lease or that the association has under other law; or

(2) Permit the association to enforce a lease to which it is not a party except to the extent that there is a violation of the declaration, bylaws or rules.

(g) The executive board may determine whether to take enforcement action by exercising the association's power to impose sanctions or commencing an action for a violation of the declaration, bylaws and rules, which may include a determination of whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

(1) The association's legal position does not justify taking any or further enforcement action;

(2) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with law;

(3) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association's resources; or

(4) It is not in the association's best interests to take enforcement action.

(h) The executive board's decision under subsection (g) of this section not to take enforcement action under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, except that the executive board may not be arbitrary or capricious in taking enforcement action.

Cited. 208 C. 318.

Cited. 24 CA 554; 38 CA 420; 41 CA 249. Unit owners and mortgagees were not necessary parties to action brought by association pursuant to section. 58 CA 217.

Subsec. (a):

Condominium association board of directors authorized to adopt a restriction limiting length of a leash to clarify provision of declaration that household pets brought to common areas of the property be restrained properly and controlled by owners at all times. 279 C. 728.

Subdiv. (4): Condominium association has standing to bring appeal from the tax assessment of the common elements of the condominium. 44 CA 107. Assessment of fines on unit owner by Connecticut corporation comprised of unit owners was invalid because unit owner was not afforded a hearing prior to the imposition of fines. 156 CA 117.

Subdiv. (4): Does not provide that all suits against interests of unit owners are to be brought against association, without individual notice to unit owners. 45 CS 261.
Conn. Gen. Stat. § 47-33c — Connecticut Code / Title 47 / Chapter 821 / Section 47-33c
Sec. 47-33c. Chain of title for not less than forty years creates marketable record title.
Status: in_force

Cited. 183 C. 59; 219 C. 81; 239 C. 199. In order to establish marketable record title, a person with the legal capacity of owning land in this state must be able to show an unbroken chain of title to an interest in the land for 40 years or more. 276 C. 782.

Cited. 3 CA 550; 44 CA 683; 46 CA 525.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-33b — Connecticut Code / Title 47 / Chapter 821 / Section 47-33b
Sec. 47-33b. Marketable record title. Definitions.
Status: in_force

(a) “Marketable record title” means a title of record which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 47-33e ;

(b) “Records” means the land records of the town where the particular land is located;

(c) “Recorded” means recorded as provided by section 47-10 or section 49-5 , as the case may be;

(d) “Person dealing with land” includes a purchaser of any estate or interest therein, a mortgagee, an attaching or judgment creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon;

(e) “Root of title” means that conveyance or other title transaction in the chain of title of a person, purporting to create or containing language sufficient to transfer the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date forty years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it is recorded;

(f) “Title transaction” means any transaction affecting title to any interest in land, including, but not limited to, title by will or descent, by public sale, by trustee's, referee's, guardian's, executor's, administrator's, conservator's or committee deed, by warranty or quitclaim deed, by mortgage or by decree of any court.

Cited. 183 C. 59; 219 C. 81; 239 C. 199. Reaffirmed previous holdings that Marketable Title Act extinguishes only those property interests that once existed and cannot be used to create an easement where grantor had no legal right to make the grant. 254 C. 502. Trial court properly determined that Marketable Title Act was not a special defense that had to be pleaded affirmatively by defendants, and it properly placed on plaintiff the burden of proving validity of easement under the act. 270 C. 487.

Cited. 3 CA 550; 44 CA 683; 46 CA 525. Marketable Title Act applies and renders void an equitable claim to a constructive trust in farm. 130 CA 100.

Cited. 34 CS 31. Vague and general reference to “right of way” in chain of title is insufficient notice of existence of an easement and therefore null and void under Marketable Title Act; the reason that a general reference to pre-root of title interests is not sufficient to preserve or prevent extinguishment of those interests is to avoid necessity to search record back to the root of title, as well as to eliminate uncertainties caused by such general references. 51 CS 399.
Conn. Gen. Stat. § 47-240 — Connecticut Code / Title 47 / Chapter 828 / Section 47-240
Sec. 47-240. Merger or consolidation of common interest communities.
Status: in_force

(b) An agreement of two or more common interest communities to merge or consolidate pursuant to subsection (a) of this section shall be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement shall be recorded in every town in which a portion of the common interest community is located and is not effective until recorded.

(c) Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either by stating (1) the reallocations or (2) the formulas on which they are based.
Conn. Gen. Stat. § 47-65 — Connecticut Code / Title 47 / Chapter 824 / Section 47-65
Sec. 47-65. Management of reservations and residents thereon. Adoption of regulations. Governor designated administrative agent.
Status: in_force

(b) All reservation buildings not privately owned shall be subject to the care and management of the Commissioner of Energy and Environmental Protection. The commissioner with the advice of the Indian Affairs Council shall, upon the petition of the resident, make major repairs and improvements to the exterior of any such building and its heating, water, electric, sewage disposal and plumbing systems as are necessary to insure habitable living conditions. The resident of any building shall assume responsibility for the interior maintenance of floors, walls and ceilings and minor maintenance of the building and its heating, water, electric, sewage disposal and plumbing systems, provided the commissioner shall supply necessary materials for such systems.

(c) The council may, upon petition of an Indian resident without sufficient means to support himself, provide assistance in an amount necessary to maintain a standard of living in the home compatible with the well-being of the resident. The council shall provide other services as it deems necessary to insure the well-being of all persons residing on the reservations.

(d) The commissioner and the council may adopt and amend regulations pursuant to chapter 54 to carry out the provisions of subsections (a) and (b) of this section. The council shall adopt regulations which prescribe eligibility standards for assistance and services under subsection (c) of this section.

(e) The Governor is hereby designated the administrative agent of the state to apply for any funds or other aid, cooperate and enter into contracts and agreements with the federal government, the Indian Housing Authority or any other appropriate state or local agency for the purpose of providing necessary services to housing projects to be located on Indian reservations within the state of Connecticut or for any other purpose which the Congress of the United States or the General Assembly has authorized or may authorize for expenditures compatible with the services provided for in this chapter. The Governor is authorized in the name of the state to make all applications, sign all documents, give assurances and do all other things necessary to carry out the provisions of this chapter.

Cited. 180 C. 474; 217 C. 612.

Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47-95 — Connecticut Code / Title 47 / Chapter 826 / Section 47-95
Sec. 47-95. Amendment to offering; commission approval; effective date.
Status: in_force

(b) An amendment to an application filed after the effective date of the qualification of the sale of real estate syndicate securities, if such amendment is approved by the commission, shall become effective on such date as the commission may determine, having due regard to the public interest and the protection of investors.
Conn. Gen. Stat. § 47-66h — Connecticut Code / Title 47 / Chapter 824 / Section 47-66h
Sec. 47-66h. Trust agreements between Governor and willing indigenous tribes.
Status: in_force

(b) Nothing in this chapter shall be construed to confer tribal status under federal law on the indigenous tribes named in section 47-59a or to confer additional rights of ownership and title to such tribes to land in the state which was not held in trust for such tribes on June 1, 1989.

Cited. 243 C. 115.

Writ of mandamus will not issue to require Governor to enter into trust agreement where task force does not issue final report containing trust agreement recommendations. 51 CA 552.
Conn. Gen. Stat. § 47-17 — Connecticut Code / Title 47 / Chapter 821 / Section 47-17
Sec. 47-17. Records of documents as notice of equitable rights.
Status: in_force

Unacknowledged lease for 15 years admissible to show that party was in possession claiming title. 1 D. 17. Recording of deed, defective in statute requisite, is not notice of its existence to third persons. 8 C. 549; 14 C. 135; 87 C. 369. Does not apply to personal property included in defectively witnessed mortgage of real estate. 102 C. 687. A claimed attorney's lien did not constitute “notice” under statute. 123 C. 374. Trust indenture held not a cloud on title. 125 C. 692.

Cited. 26 CA 203.

Essence of attorney's lien. 4 CS 505. A deed purporting to convey property is under a claim and color of right and equivalent to ouster of other claimants as to whom the grantor thereafter holds adversely. 15 CS 467.
Conn. Gen. Stat. § 47a-13b — Connecticut Code / Title 47a / Chapter 830 / Section 47a-13b
Sec. 47a-13b. Installation of electric vehicle charging station by tenant.
Status: in_force

(b) (1) For any rental agreement executed, extended or renewed on or after October 1, 2022, a landlord of two hundred fifty dwelling units or more shall approve a tenant's written request to install an electric vehicle charging station at a dedicated parking space for the tenant that meets the requirements of this section and complies with the landlord's procedural approval process for modifications to the property.

(2) For any rental agreement executed, extended or renewed on or after October 1, 2023, a landlord of more than fifty dwelling units but less than two hundred fifty dwelling units shall approve a tenant's written request to install an electric vehicle charging station at a dedicated parking space for the tenant that meets the requirements of this section and complies with the landlord's procedural approval process for modifications to the property.

(3) For any rental agreement executed, extended or renewed on or after October 1, 2024, a landlord of fifty dwelling units or less shall approve a tenant's written request to install an electric vehicle charging station at a dedicated parking space for the tenant that meets the requirements of this section and complies with the landlord's procedural approval process for modifications to the property.

(c) A landlord shall not be obligated to provide an additional parking space to a tenant in order to accommodate an electric vehicle charging station.

(d) An electric vehicle charging station installed pursuant to this section, and all modifications and improvements to the property, shall comply with any state or federal law or municipal ordinance, and all applicable zoning requirements, land use requirements, and covenants, conditions and restrictions.

(e) A tenant's written request to modify the rental property to install an electric vehicle charging station shall indicate such tenant's consent to enter into a written agreement with the landlord that includes, but is not limited to, provisions regarding:

(1) The installation, use, maintenance and removal of the electric vehicle charging station and its infrastructure;

(2) A complete financial analysis and scope of work regarding the installation of the electric vehicle charging station and its infrastructure;

(3) Payment to the landlord of any costs associated with the landlord's installation of the electric vehicle charging station and its infrastructure prior to any modification or improvement to the rental property. The costs associated with modifications and improvements include, but are not limited to, the cost of permits, supervision, construction and, if required by the contractor and consistent with its past performance of work for the landlord, performance bonds;

(4) Payment of the landlord's incurred costs associated with the electrical usage of the electric vehicle charging station, and costs for damage, maintenance, repair, removal and replacement of the electric vehicle charging station, including such modifications or improvements made to the rental property associated with the electric vehicle charging station;

(5) Where another tenant will use the electric vehicle charging station, a requirement for the tenant who requested such electric vehicle charging station to enter into a cooperative agreement with the landlord and such other tenant regarding the electricity metering procedures and the responsibilities and duties of each party to such agreement. Any costs, including, but not limited to, attorney's fees, electricity metering costs and other fees related to the cooperative agreement, shall be the responsibility of the tenants participating in the agreement;

(6) Maintenance of a general liability insurance policy that covers an electric vehicle charging station at a tenant's dedicated parking space and to name the landlord as a named additional insured under the policy commencing with the date of approval for construction until the tenant forfeits possession of the dwelling unit to the landlord;

(7) A requirement for the tenant to post a surety bond in an amount equal to the cost of removing the electric vehicle charging station or permit the landlord to withhold all or a portion of the security deposit pursuant to section 47a-21 at the time the tenancy is terminated for any damages suffered by the landlord due to the tenant's failure to comply with the landlord's requirements regarding removal of the electric vehicle charging station and its infrastructure; and

(8) A requirement for the tenant to agree to designate the electric vehicle charging station as a fixture of the rental property if the tenant does not remove the electric vehicle charging station upon the termination of the lease.

(f) This section shall not apply to a residential rental property where: (1) The dwelling unit provides electric vehicle charging stations for use by tenants in a ratio that is equal to or greater than ten per cent of the designated parking spaces; (2) parking is not provided as part of the rental agreement; (3) there are fewer than five parking spaces; (4) the development of such property is assisted by an allocation of Low Income Housing Tax Credits pursuant to Section 42 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time; or (5) such property is managed by a housing authority created under section 8-40 .
Conn. Gen. Stat. § 47-258 — Connecticut Code / Title 47 / Chapter 828 / Section 47-258
Sec. 47-258. Lien for assessments and other sums due association. Enforcements.
Status: in_force

(b) Notwithstanding any provision in the declaration or bylaws to the contrary, a lien under this section is prior to all other liens and encumbrances on a unit except (1) liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to, (2) a first or second security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, a first or second security interest encumbering only the unit owner's interest and perfected before the date on which the assessment sought to be enforced became delinquent, and (3) liens for real property taxes and other governmental assessments or charges against the unit or cooperative. In all actions brought to foreclose a lien under this section or a security interest described in subdivision (2) of this subsection, the lien is also prior to all security interests described in subdivision (2) of this subsection to the extent of (A) an amount equal to the common expense assessments based on the periodic budget adopted by the association pursuant to subsection (a) of section 47-257 which would have become due in the absence of acceleration during the nine months immediately preceding institution of an action to enforce either the association's lien or a security interest described in subdivision (2) of this subsection, excluding any late fees, interest or fines which may be assessed by the association during the nine-month period, and (B) the association's costs and reasonable attorney's fees in enforcing its lien. A lien for any assessment or fine specified in subsection (a) of this section shall have the priority provided for in this subsection in an amount not to exceed the amount specified in subparagraph (A) of this subsection. This subsection does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the association.

(c) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

(d) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due; provided, that if an owner of a unit subject to a lien under this section files a petition for relief under the United States Bankruptcy Code, the period of time for instituting proceedings to enforce the association's lien shall be tolled until thirty days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is lifted.

(f) This section does not prohibit actions against unit owners to recover sums for which subsection (a) of this section creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

(g) A judgment or decree in any action brought under this section shall include costs and reasonable attorney's fees for the prevailing party.

(h) The association on request made in a record shall furnish to a unit owner a statement in recordable form setting forth the amount of unpaid assessments against the unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board and every unit owner.

(i) In a cooperative, on nonpayment of an assessment on a unit, the unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a tenant, and the lien may be foreclosed as provided by this section.

(j) The association's lien may be foreclosed in like manner as a mortgage on real property.

(k) In any action by the association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the unit owner pursuant to section 52-504 to collect all sums alleged to be due from that unit owner prior to or during the pendency of the action. The court may order the receiver to pay any sums held by the receiver to the association during the pendency of the action to the extent of the association's common expense assessments based on a periodic budget adopted by the association pursuant to subsection (a) of section 47-257 .

(l) If a holder of a first or second security interest on a unit forecloses that security interest, the purchaser at the foreclosure sale is not liable for any unpaid assessments against that unit which became due before the sale, other than the assessments which are prior to that security interest under subsection (b) of this section. Any unpaid assessments not satisfied from the proceeds of sale become common expenses collectible from all unit owners, including the purchaser.

(m) (1) An association may not commence an action to foreclose a lien on a unit under this section unless: (A) The unit owner, at the time the action is commenced, owes a sum equal to at least two months of common expense assessments based on the periodic budget last adopted by the association pursuant to subsection (a) of section 47-257 ; (B) the association has made a demand for payment in a record and has simultaneously provided a copy of such record to the holder of a security interest described in subdivision (2) of subsection (b) of this section; and (C) the executive board has either voted to commence a foreclosure action specifically against that unit or has adopted a standard policy that provides for foreclosure against that unit.

(2) Not less than sixty days prior to commencing an action to foreclose a lien on a unit under this section, the association shall provide a written notice by first class mail to the holders of all security interests described in subdivision (2) of subsection (b) of this section, which shall set forth the following: (A) The amount of unpaid common expense assessments owed to the association as of the date of the notice; (B) the amount of any attorney's fees and costs incurred by the association in the enforcement of its lien as of the date of the notice; (C) a statement of the association's intention to foreclose its lien if the amounts set forth in subparagraphs (A) and (B) of this subdivision are not paid to the association not later than sixty days after the date on which the notice is provided; (D) the association's contact information, including, but not limited to, (i) the name of the individual acting on behalf of the association with respect to the matter, and (ii) the association's mailing address, telephone number and electronic mail address, if any; and (E) instructions concerning the acceptable means of making payment on the amounts owing to the association as set forth in subparagraphs (A) and (B) of this subdivision. Any notice required to be given by the association under this subsection shall be effective when sent.

(3) When providing the written notice required by subdivision (2) of this subsection, the association may rely on the last-recorded security interest of record in identifying the name and mailing address of the holder of that interest, unless the holder of the security interest is the plaintiff in an action pending in the Superior Court to enforce that security interest, in which case the association shall provide the written notice to the attorney appearing on behalf of the holder of the security interest in such action.

(4) The provision of the written notice required by subdivision (2) of this subsection shall not be deemed an unauthorized communication with a third party under the provisions of sections 36a-645 to 36a-648a , inclusive, or any regulations adopted thereunder.

(5) The failure of the association to provide the written notice required by subdivision (2) of this subsection prior to commencing an action to foreclose its lien shall not affect the priority of its lien for an amount equal to nine months common expense assessments, but the priority amount in such action shall not include any costs or attorney's fees.

(n) Every aspect of a foreclosure, sale or other disposition under this section, including the method, advertising, time, date, place and terms, shall be commercially reasonable.

Authorizes inclusion of attorney's fees and costs in sums entitled to a priority. 223 C. 610.

Cited. 39 CA 736. Authorizes inclusion of costs of collection as part of the lien and authorizes inclusion of attorney's fees and costs in the sums entitled to priority. 49 CA 694. Although Sec. 47-207 provides that supplemental general principles of law are applicable in interpreting provisions of Common Interest Ownership Act, the common law doctrine of constructive eviction is not a defense to an action against a unit owner under this section. 136 CA 698.

Subsec. (j):

Deficiency judgment rendered pursuant to Sec. 49-14 may be obtained in condominium lien foreclosure actions pursuant to Subsec. 255 C. 379.

Subsec. (m):

Authorization of executive board of condominium association to send matter of unpaid common fees for certain units to “collections” is inadequate to comply with procedure set forth in Subdiv. (1)(C) requiring board to specifically authorize foreclosure to commence foreclosure action against units. 197 CA 226. Absence of record that prior strict foreclosure action was filed in accordance with statutory jurisdictional conditions was not an exceptional circumstance justifying collateral attack on jurisdiction of trial court. 206 CA 303.
Conn. Gen. Stat. § 47-264 — Connecticut Code / Title 47 / Chapter 828 / Section 47-264
Sec. 47-264. Public offering statement. General provisions and requirements.
Status: in_force

(1) The name and principal address of the declarant and of the common interest community, and a statement that the common interest community is either a condominium, cooperative or planned community;

(2) A general description of the common interest community, including to the extent known, the types, number and declarant's schedule of commencement and completion of construction of buildings and amenities that the declarant anticipates including in the common interest community;

(3) The number of units in the common interest community;

(4) Copies of the declaration, including any surveys and plans, and any other recorded covenants, conditions, restrictions and reservations created by the declarant affecting the common interest community; the bylaws, and any rules or regulations of the association; any deeds, contracts and leases to be signed by or delivered to purchasers at closing, and copies of and a brief narrative description of any contracts or leases that will or may be subject to cancellation by the association under section 47-247 ;

(5) A projected budget for the association, either within or as an exhibit to the public offering statement, for one year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association, a statement of who prepared the budget, and a statement of the budget's assumptions concerning occupancy and inflation factors. The budget shall include, without limitation: (A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (B) a statement of any other reserves; (C) the projected common expense assessment by category of expenditures for the association; and (D) the projected monthly common expense assessment for each type of unit;

(6) Any services not reflected in the budget that the declarant provides, or expenses that he pays and which he expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit;

(7) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee;

(8) A brief narrative description of any liens, defects or encumbrances on or affecting the title to the common interest community not otherwise disclosed under subdivision (4) of this subsection;

(9) A description of any financing offered or arranged by the declarant;

(10) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages;

(11) A statement that: (A) Within fifteen days after receipt of a public offering statement a purchaser, before conveyance, may cancel any contract for purchase of a unit from a declarant, and (B) if a declarant fails to provide a public offering statement to a purchaser before conveying a unit, that purchaser may recover from the declarant ten per cent of the sales price of the unit plus ten per cent of the share, proportionate to his common expense liability, of any indebtedness of the association secured by security interests encumbering the common interest community;

(12) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common interest community of which a declarant has actual knowledge;

(13) A statement that any deposit made in connection with the purchase of a unit will be held in an escrow account until closing and will be returned to the purchaser if the purchaser cancels the contract pursuant to section 47-269 , together with the name and address of the escrow agent;

(14) Any restraints on alienation of any portion of the common interest community and any restrictions (A) on use, occupancy and alienation of the units, and (B) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation or casualty loss to the unit or to the common interest community, or on termination of the common interest community;

(15) A description of the insurance coverage provided for the benefit of unit owners;

(16) Any current or expected fees or charges to be paid by unit owners for the use of the common elements and other facilities related to the common interest community;

(17) The extent to which financial arrangements have been provided for completion of all improvements that the declarant is obligated to build pursuant to section 47-280 ;

(18) A brief narrative description of any zoning and other land use requirements affecting the common interest community;

(19) All unusual and material circumstances, features and characteristics of the common interest community and the units;

(20) In a cooperative, (A) either a statement that the unit owners will be entitled, for federal, state and local income tax purposes, to a pass-through of deductions for payments made by the association for real property taxes and interest paid the holder of a security interest encumbering the cooperative, or a statement that no assurances are made in that regard, and (B) a statement as to the effect on every unit owner if the association fails to pay real property taxes or payments due the holder of a security interest encumbering the cooperative;

(21) A description of any arrangement described in section 47-219a ; and

(22) A statement, if it is determined that the residential common interest community, of which the unit is a part, is an establishment subject to the requirements of sections 22a-134 to 22a-134e , inclusive, and sections 22a-134h and 22a-134i , that summarizes (A) the status of the environmental condition of the common interest community, (B) any investigation or remediation activities, and (C) any environmental use restriction placed or required to be placed on such residential common interest community as a result of such investigation and remediation. The determination under this subdivision shall be based solely upon actual knowledge, a notice on the land records or, if there is no such notice, an inquiry to the Department of Energy and Environmental Protection of whether a Form I, Form II, Form III or Form IV, as defined in section 22a-134 , was submitted to the Department of Energy and Environmental Protection for the residential common interest community of which the unit is a part.

(b) A declarant promptly shall amend the public offering statement to report any material change in the information required to be included in the public offering statement.

Cited. 207 C. 441.

Cited. 38 CA 420.
Conn. Gen. Stat. § 47-31a — Connecticut Code / Title 47 / Chapter 821 / Section 47-31a
Sec. 47-31a. Petition to invalidate land record that was falsely filed or amended.
Status: in_force

(b) A person who files a petition under subsection (a) of this section shall include, as part of such petition, a certified copy of the filing, and any amendment thereof, that such person seeks to invalidate.

(c) In determining whether cause exists to doubt the validity of a filing or amendment under subsection (a) of this section, the court may consider factors that include, but are not limited to, whether (1) the filing or amendment is related to a valid existing commercial, financial or real estate transaction, or a potential commercial, financial or real estate transaction, or a judgment of a court of competent jurisdiction; (2) the same individual is named as both debtor and creditor; (3) an individual is named as a transmitting utility; and (4) the filing or amendment has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.

(d) If the court determines after a hearing that a filing identified in a petition filed pursuant to subsection (a) of this section is not valid, the court shall render a judgment that such filing is void in its entirety and shall direct the custodian of such filing, when feasible, to note that such filing is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subsection (a) of this section shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the filing adjudged invalid by the court.
Conn. Gen. Stat. § 47a-50 — Connecticut Code / Title 47a / Chapter 833a / Section 47a-50
Sec. 47a-50. Definitions.
Status: in_force

(1) A “tenement house” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards;

(2) A “lodging house” or “boarding house” means any house or building or portion thereof, in which six or more persons are harbored, received or lodged for hire, or any building or part thereof, which is used as a sleeping place or lodging for six or more persons not members of the family residing therein;

(3) A “dwelling unit” or an “apartment” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is occupied as a home or residence of one or more persons;

(4) A “yard” means an open, unoccupied space, on the same lot with a tenement, lodging or boarding house, between the rear line of such house and the rear line of the lot;

(5) A “court” means an open, unoccupied space, other than a yard, on the same lot with a tenement house;

(6) A “public hall” means a hall, corridor or passageway not within an apartment or dwelling unit;

(7) A “basement” means a story partly, but not more than one-half, below the level of the grade;

(8) A “cellar” means a story more than one-half below the level of the grade;

(9) The word “shall” is mandatory and not directory, and denotes that the house shall be maintained in all respects according to the mandate, as long as it continues to be a tenement house;

(10) In determining the number of stories in a tenement house, a basement or an attic shall be counted as a story if it is occupied or designed to be occupied for living purposes;

(11) “Enforcing agency” means the board of health or other authority designated to enforce the provisions of this chapter or a local housing code.

See Sec. 19a-355 for definitions applicable with respect to tenement and lodging houses under chapter 368o.
Conn. Gen. Stat. § 47a-18 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-18
Sec. 47a-18. Judicial relief if tenant refuses entry.
Status: in_force

Cited. 183 C. 85.

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47-225 — Connecticut Code / Title 47 / Chapter 828 / Section 47-225
Sec. 47-225. Leasehold common interest communities.
Status: in_force

(b) After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner's share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.

(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and reversionary or remainder interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

(d) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests shall be reallocated in accordance with subsection (a) of section 47-206 as if those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association.

(e) A lease satisfying the description in subsection (a) of this section is not subject to sections 47a-1 to 47a-20e , inclusive.
Conn. Gen. Stat. § 47-293 — Connecticut Code / Title 47 / Chapter 828 / Section 47-293
Sec. 47-293. Applicability of protection afforded conversion tenants.
Status: in_force

(b) Sections 47-282 to 47-292 , inclusive, shall not be construed to change the rights of any tenant protected by public act 80-370.
Conn. Gen. Stat. § 47a-4 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-4
Sec. 47a-4. Terms prohibited in rental agreement.
Status: in_force

(b) A provision prohibited by subsection (a) of this section included in a rental agreement is unenforceable.

Cited. 4 CA 209; 10 CA 527; 32 CA 133.

Former Subsec. (c) must be read so as to provide tenant with remedy for landlord's violation of Sec. 47a-7(a), and therefore tenant was not liable for rent while premises were uninhabitable; uninhabitability of premises excuses withholding of rent. 35 CS 151. Cited. Id., 549; 36 CS 611; 38 CS 341; Id., 393; Id., 683.
Conn. Gen. Stat. § 47-36h — Connecticut Code / Title 47 / Chapter 821a / Section 47-36h
Sec. 47-36h. Force and effect of “Mortgage Deed” form.
Status: in_force

Cited. 189 C. 212; 224 C. 563.

Cited. 20 CA 163.
Conn. Gen. Stat. § 47-70a — Connecticut Code / Title 47 / Chapter 825 / Section 47-70a
Sec. 47-70a. Amendment of declaration or bylaws.
Status: in_force

(b) The declarant may require a unit owner or purchaser to execute and to deliver to the declarant a power of attorney or other document assigning to the declarant the right of a unit owner to vote on the amendment of condominium instruments pursuant to subsection (a) of this section, provided such power of attorney or other document shall be exercised or implemented only to amend the condominium instruments for the purpose of adding additional land in an expandable condominium pursuant to section 47-71a , and to reallocate the undivided interests in the common elements resulting from such expansion pursuant to subsection (c) of section 47-74 , and the power of attorney or other document shall be expressly so limited.

(c) Notwithstanding any other provision of this chapter or the condominium instruments, the designation of the agent for the service of process named in the declaration may be changed from time to time by recording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which if the association is incorporated, shall be a copy of the instrument transmitted to the Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent. In addition, the instrument for designation shall refer to the volume and first page of the original condominium instruments.

(d) (1) The board of directors may, by a vote of a majority of the members of said board and without further need for a vote by unit owners, amend the declaration to remove from such declaration any provision that purports to restrict ownership or occupancy of units within the condominium on the basis of race.

(2) If a unit owner submits a written request to the board of directors for an amendment to the declaration to remove a provision that purports to restrict ownership or occupancy of units within the condominium on the basis of race, the board shall, not later than ninety days after receipt of such a request, hold a meeting to determine whether such a provision exists in the declaration and should be removed pursuant to the provisions of subdivision (1) of this subsection.

Cited. 208 C. 318.
Conn. Gen. Stat. § 47-206 — Connecticut Code / Title 47 / Chapter 828 / Section 47-206
Sec. 47-206. Eminent domain.
Status: in_force

(b) Except as provided in subsection (a) of this section, if part of a unit is acquired by eminent domain, the award shall compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. On acquisition, unless the decree otherwise provides, (1) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (2) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially-acquired unit participating in the reallocation on the basis of its reduced allocated interests.

(c) If part of the common elements is acquired by eminent domain, the award shall compensate the unit owners affected by the taking for the reduction in value of the units resulting from the acquisition, and the portion of the award attributable to the common elements taken shall be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.

(d) The court decree shall be recorded in every town in which any portion of the common interest community is located.
Conn. Gen. Stat. § 47-50 — Connecticut Code / Title 47 / Chapter 823 / Section 47-50
Sec. 47-50. Division of fence by selectmen.
Status: in_force

Cited. 4 Conn. Cir. Ct. 196, 199.
Conn. Gen. Stat. § 47a-11e — Connecticut Code / Title 47a / Chapter 830 / Section 47a-11e
Sec. 47a-11e. Termination of rental agreement by tenant who is a victim of family violence or sexual assault.
Status: in_force

(b) Such notice shall include: (1) A statement made under oath or affirmation that (A) the tenant or a dependent of the tenant is a victim of family violence or sexual assault, as the case may be; (B) the tenant intends to terminate the rental agreement and the date of such intended termination; and (C) the tenant has vacated the premises and removed all of his or her possessions and personal effects or, prior to the date of such termination, will vacate the premises and remove all of his or her possessions and personal effects and, if such possessions and personal effects have not been removed by the date of such termination, has abandoned such possessions and personal effects; and (2) (A) a copy of a police or court record detailing an act of family violence or sexual assault against the tenant or the tenant's dependent that is dated not more than ninety days prior to the date of the tenant's notice, or (B) a signed written statement from an employee of the Office of Victim Services within the Judicial Department or the Office of Victim Advocate detailing an act of family violence or sexual assault against the tenant or the tenant's dependent that is dated not more than thirty days prior to the date of the tenant's notice.

(c) The tenant's termination of his or her rental agreement with the landlord pursuant to this section shall not relieve (1) the tenant from liability to the landlord for any rent arrearage incurred prior to such termination of the rental agreement or from liability to the landlord for property damage caused by the tenant, or (2) any other tenant from liability to the landlord under the rental agreement.

(d) If the tenant terminates his or her rental agreement with the landlord pursuant to this section, any occupant without the right or privilege to occupy such dwelling unit shall vacate the premises prior to the date of such termination.

(e) If such tenant or occupant fails to vacate the premises as of the date of such termination, the landlord may bring an action pursuant to chapter 832.

(f) The landlord may bring an action in the housing session of the Superior Court for injunctive relief to prevent the termination of the rental agreement if the requirements set forth in this section for such termination have not been satisfied.
Conn. Gen. Stat. § 47a-4d — Connecticut Code / Title 47a / Chapter 830 / Section 47a-4d
Sec. 47a-4d. Fees for tenant screening reports.
Status: in_force

(b) No landlord may demand from a prospective tenant any payment, fee or charge for the processing, review or acceptance of any rental application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except a security deposit pursuant to section 47a-21 , advance payment for the first month's rent or a deposit for a key or any special equipment, or a fee for a tenant screening report as provided in subsection (c) of this section. No landlord may charge a tenant a move-in or move-out fee.

(c) On and after October 1, 2023, a landlord may charge a fee not exceeding fifty dollars plus an adjustment reflecting any increase in the consumer price index for urban consumers, as determined by the Commissioner of Housing on an annual basis, for a tenant screening report concerning a prospective tenant.

(d) A landlord that charges a fee for a tenant screening report concerning a prospective tenant shall provide the prospective tenant with (1) a copy of the tenant screening report or, if the landlord is prohibited from providing such a copy, information concerning such report that would allow such tenant to request a copy of such report from the service provider that produced such report, and (2) a copy of the receipt or invoice from the entity conducting the tenant screening report concerning the prospective tenant.
Conn. Gen. Stat. § 47-81 — Connecticut Code / Title 47 / Chapter 825 / Section 47-81
Sec. 47-81. Accounting records. Availability of records. Loan disclosure and comments. Audit.
Status: in_force

(b) (1) Records maintained by the declarant, by the association or by the manager, including, but not limited to, minutes of meetings and voting records of the board of directors, shall be made available for examination and copying by any unit owner, or the unit owner's duly authorized agent, at the expense of the unit owner, during normal business hours upon the request of such unit owner or agent.

(2) Notwithstanding any provision of the condominium instruments to the contrary, at least fourteen days prior to entering into any loan agreement on behalf of the association of unit owners, the board of directors shall (A) disclose in writing to all unit owners the amount and terms of the loan and the estimated effect of such loan on any assessment for common expenses, and (B) afford the unit owners a reasonable opportunity to submit written comments to the board of directors with respect to such loan.

(c) From the date of the recording of the declaration until the declarant relinquishes control of the association pursuant to subsection (d) of section 47-74a he shall cause to have prepared a certified audit of the books of the condominium by a certified public accountant not less than once in every calendar year which shall be available for examination by the unit owners. Thereafter on the written petition of unit owners of not less than twenty-five per cent of the units then completed, a certified audit by an independent certified public accountant shall be made, but not more than once in any consecutive twelve-month period; provided the cost of the audit shall be a common expense.
Conn. Gen. Stat. § 47-212 — Connecticut Code / Title 47 / Chapter 828 / Section 47-212
Sec. 47-212. Remedies to be liberally administered.
Status: in_force

(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.

Cited. 237 C. 123.

Cited. 22 CA 497.
Conn. Gen. Stat. § 47a-19 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-19
Sec. 47a-19. Rental agreement: Acceptance of rent when overdue.
Status: in_force

Cited. 32 CA 133.

Cited. 38 CS 683; 42 CS 77.
Conn. Gen. Stat. § 47-269 — Connecticut Code / Title 47 / Chapter 828 / Section 47-269
Sec. 47-269. Purchaser's right to cancel.
Status: in_force

(b) If a purchaser elects to cancel a contract pursuant to subsection (a) of this section, he may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.

(c) If a person required to deliver a public offering statement fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all amendments thereto as required by subsection (a) of this section, the purchaser, in addition to any rights to damages or other relief, is entitled to receive from that person an amount equal to ten per cent of the sale price of the unit, plus ten per cent of the share, proportionate to his common expense liability, of any indebtedness of the association secured by security interests encumbering the common interest community.

Cited. 237 C. 123.

Cited. 38 CA 420.
Conn. Gen. Stat. § 47a-26e — Connecticut Code / Title 47a / Chapter 832 / Section 47a-26e
Sec. 47a-26e. Order of payments on appeal.
Status: in_force

Cited. 38 CS 70; 40 CS 53.
Conn. Gen. Stat. § 47a-75 — Connecticut Code / Title 47a / Chapter 834 / Section 47a-75
Sec. 47a-75. Right to counsel in eviction proceedings.
Status: in_force

(1) “Covered individual” means any party to a covered matter who is an income-eligible tenant, lessee or occupant, for residential purposes, of any land or building, any apartment in any building, any dwelling unit, any trailer or mobile manufactured home or any land upon which a trailer or mobile manufactured home is used or stands;

(2) “Covered matter” means any notice to quit delivered to, or any summary process action instituted against, a covered individual pursuant to chapter 832 or chapter 412 or any administrative proceeding against a covered individual necessary to preserve a state or federal housing subsidy or to prevent a proposed termination of the lease;

(3) “Designated organization” means any not-for-profit legal services organization that provides legal representation in a covered matter to a covered individual;

(4) “Administering entity” means the organization contracted by or party to a memorandum of agreement with the Judicial Branch to administer the right to counsel program in accordance with subsection (b) of this section;

(5) “Legal representation” means representation in a covered matter provided by a designated organization to a covered individual, and all legal advice, advocacy and assistance associated with such representation, subject to and in accordance with the Rules of Professional Conduct;

(6) “Income-eligible” means (A) having household income at or below eighty per cent of the state median income adjusted for family size, as determined by the United States Department of Housing and Urban Development, at the time of the request for representation; or (B) receiving one of the following types of public assistance: (i) Temporary Assistance for Needy Families, (ii) Supplemental Nutrition Assistance Program benefits, (iii) Medicaid, (iv) Supplemental Security Income, (v) refugee resettlement benefits, (vi) rental assistance under chapter 138a of the general statutes, or (vii) the federal Housing Choice Voucher Program, 42 USC 1437f(o);

(7) “Tenant”, “landlord”, “owner” and “dwelling unit” have the same meanings as provided in section 47a-1 ;

(8) “Notice to quit” means any notice to quit possession or occupancy delivered pursuant to chapter 832 or chapter 412 to a lessee or occupant;

(9) “Lessee or occupant” means any tenant, lessee or occupant, for residential purposes, of any land or building, apartment in any building, dwelling unit, trailer or mobile manufactured home, or land upon which a trailer or mobile manufactured home is used or stands; and

(10) “Right to counsel program” means the state-wide right to counsel program to provide legal representation to a covered individual in a covered matter established under this section.

(b) There is established a right to counsel program for the purpose of providing any covered individual with legal representation at no cost in a covered matter initiated on or after July 1, 2021. The Judicial Branch shall, using available federal funds, contract with or enter a memorandum of agreement with an administering entity to administer the right to counsel program. The administering entity, within the funding available to it for the right to counsel program, shall fund the provision of legal representation by designated organizations under this section. A designated organization may subcontract with a nonprofit or community organization to provide legal representation to a covered individual, and to provide tenant outreach and education. A designated organization shall, at a minimum: (1) Have substantial expertise in housing law and landlord tenant law and substantial experience furnishing free legal assistance to eligible individuals; (2) have a demonstrated history of serving the low-income community; (3) identify the geographic area in which such organization provides legal representation; (4) have a plan to reach and provide legal representation to income-eligible persons with limited English proficiency; and (5) provide appropriate supervision and training.

(c) The administering entity may receive funds or services from the state or federal government, corporations, associations or individuals to fund: (1) The provision of legal representation to covered individuals in covered matters; (2) the administration of the right to counsel program for the administering entity and designated organizations; and (3) tenant outreach and education.

(d) If the Judicial Branch receives state or federal funds pursuant to this section for the purpose of appointing additional housing mediators under section 47a-69 , the Judicial Branch shall appoint such additional housing mediators to facilitate the resolution of summary process actions.

(e) (1) There is established a working group to advise on matters and policies affecting the right to counsel program, to effectuate the right to counsel. The working group shall consist of the following members:

(A) Two appointed by the speaker of the House of Representatives;

(B) Two appointed by the president pro tempore of the Senate;

(C) One appointed by the majority leader of the House of Representatives;

(D) One appointed by the majority leader of the Senate;

(E) One appointed by the minority leader of the House of Representatives;

(F) One appointed by the minority leader of the Senate;

(G) The Commissioner of Housing, or the commissioner's designee;

(H) A representative of the administering entity; and

(I) A representative of the Judicial Branch.

(2) All initial appointments to the working group shall be made not later than thirty days after July 1, 2021. Members shall serve for a term of four years and may be reappointed or continue to serve until such member's successor is appointed. Any vacancy shall be filled by the appointing authority.

(3) The Commissioner of Housing, or the commissioner's designee, shall serve as chairperson of the working group. Such chairperson shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section. The chairperson shall convene the working group on a regular basis, but not less than three times per year.

(4) The Department of Housing shall provide administrative support to the working group.

(f) (1) The Judicial Branch, in consultation with the administering entity, working group and designated organizations, shall approve a one-page plain-language notice to inform a tenant of the rights under the right to counsel program. Not later than October 1, 2021, such notice shall be made available on the Judicial Branch's Internet web site and available to the public. Such notice shall include a phone number for accessing information and applying for assistance.

(2) On and after October 1, 2021, an owner, lessor, landlord, legal representative or agent of an owner, lessor or landlord, a housing authority or a housing subsidy program administrator, as applicable, shall attach a copy of the notice described under subdivision (1) of this subsection, to (A) a notice to quit delivered to a covered individual pursuant to chapter 832 or chapter 412; (B) a summons and complaint for a summary process action pursuant to chapter 832 or chapter 412; (C) a lease termination notice for a public or subsidized housing unit; and (D) a notice to terminate a state or federal housing subsidy.

(3) Any court notice scheduling a mediation or hearing that is sent to a self-represented party in a covered matter shall include plain language information about the availability of legal representation through the right to counsel program and a phone number for accessing information and applying for assistance.

(g) The administering entity, in consultation with the working group and designated organizations, shall determine how to phase in the right to counsel program based on all relevant factors, including, but not limited to: (1) The prioritization of certain groups of individuals by income, zip codes, census tracts or other priority criteria developed in consultation with the designated organizations and the working group; (2) the availability of program funding; (3) the number of trained legal services attorneys available to provide legal representation; and (4) the scope of the need for legal representation.

(h) Nothing in this section shall be construed to establish any right enforceable by a covered individual against a designated organization or the administering entity.

(i) Not later than January 1, 2023, and annually thereafter, the administering entity shall submit a report, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to housing and the Judicial Department. Such report shall include the following information: (1) The number of covered individuals provided legal representation pursuant to this section; (2) the extent of legal representation provided; (3) any outcomes achieved, such as the rates of tenant representation, tenant retention of housing or other appropriate outcome measures; and (4) the engagement and education of tenants.
Conn. Gen. Stat. § 47-250 — Connecticut Code / Title 47 / Chapter 828 / Section 47-250
Sec. 47-250. Meetings. Rules.
Status: in_force

(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.
Conn. Gen. Stat. § 47-236 — Connecticut Code / Title 47 / Chapter 828 / Section 47-236
Sec. 47-236. Amendment of declaration or bylaws.
Status: reserved

(1) By vote or agreement of unit owners of units to which at least sixty-seven per cent of the votes in the association are allocated, unless the declaration specifies either a larger percentage or a smaller percentage, but not less than a majority, for all amendments or for specific subjects of amendment;

(2) The declaration may provide that all amendments or specific subjects of amendment may be approved by the unit owners of units having any of the percentages of votes, as provided in subdivision (1) of this subsection, of a specified group of units that would be affected by the amendment, rather than all of the units in the common interest community; or

(3) The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration shall be recorded in every town in which any portion of the common interest community is located and is effective only on recordation. An amendment, except an amendment pursuant to subsection (a) of section 47-231 , shall be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of the parties executing the amendment.

(d) Except in the case of the exercise of development rights pursuant to section 47-229 or to the extent otherwise expressly permitted or required by other provisions of this chapter, with respect to a common interest community, whether created before, on or after January 1, 1984, no amendment may create or increase special declarant rights, increase the number of units or change the boundaries of any unit or the allocated interests of a unit, in the absence of unanimous consent of the unit owners.

(e) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

(f) An amendment to the declaration may prohibit or materially restrict the permitted uses or occupancy of a unit or the number or other qualifications of persons who may occupy units only by vote or agreement of unit owners of units to which at least eighty per cent of the votes in the association are allocated, unless the declaration specifies that a larger percentage of unit owners must vote or agree to that amendment or that such an amendment may be approved by the unit owners of units having at least eighty per cent of the votes of a specified group of units that would be affected by the amendment. An amendment approved under this subsection must provide reasonable protection for a use or occupancy permitted at the time the amendment was adopted.

(g) The time limits specified in the declaration pursuant to subdivision (8) of subsection (a) of section 47-224 , within which reserved development rights and special declarant rights must be exercised may be extended, the number of units may be increased and new development rights or other special declarant rights may be created by amendment to the declaration if persons entitled to cast at least eighty per cent of the votes in the association, including eighty per cent of the votes allocated to units not owned by the declarant, agree to that action. The amendment must identify the association or other persons who hold any new rights that are created. Notice of the proposed amendment to the declaration must be delivered in a record to all persons holding development rights or security interests in those rights. Notwithstanding the provisions of subsection (c) of this section, the amendment to the declaration is effective thirty days after the amendment is recorded and notice is delivered unless any of the persons entitled to notice under this subsection records an objection in a record within the thirty-day period, in which case the amendment is void, or unless all of the persons entitled to notice under this subsection consent in a record at the time the amendment is recorded, in which case the amendment is effective when recorded.

(h) Provisions in the declaration creating special declarant rights that have not expired may not be amended without the consent of the declarant.

(i) If any provision of this chapter or of the declaration or bylaws of any common interest community created before, on or after January 1, 1984, requires the consent of a person holding a security interest in a unit as a condition to the effectiveness of any amendment to the declaration or bylaws, that consent shall be deemed granted if a refusal to consent in a record is not received by the association within forty-five days after the association delivers notice of the proposed amendment to the holder of the interest or mails the notice to the holder of the interest by certified mail, return receipt requested. The association may rely on the last-recorded security interest of record in delivering or mailing notice to the holder of that interest. Notwithstanding any provision of this section, an amendment to the declaration or bylaws that affects the priority of a holder's security interest, other than an amendment regarding the priority of the association's lien authorized by section 47-258 or the ability of that holder to foreclose its security interest may not be adopted without that holder's consent in a record if the declaration or bylaws require that consent as a condition to the effectiveness of the amendment.

(j) If the declaration or bylaws of a common interest community, whether created before, on or after January 1, 1984, contains a provision requiring that amendments to the declaration or bylaws, other than amendments described in subsection (d) of this section, may be adopted only by the vote or agreement of unit owners of units to which more than eighty per cent of the votes in the association are allocated, such a proposed amendment shall be deemed approved if:

(1) (A) Unit owners of units to which more than eighty per cent of the votes in the association are allocated vote for or agree to the proposed amendment;

(B) No unit owner votes against the proposed amendment; and

(C) Notice of the proposed amendment is delivered to the unit owners holding the votes in the association that have not voted or agreed to the proposed amendment and no objection in a record to the proposed amendment is received by the association within thirty days after the association delivers notice; or

(2) Unit owners of units to which more than eighty per cent of the votes in the association are allocated vote for or agree to the proposed amendment but at least one unit owner objects to the proposed amendment and, pursuant to an action brought by the association in the Superior Court against all objecting unit owners, the court finds that the objecting unit owner or owners do not have a unique minority interest, different in kind from the interests of the other unit owners, that the voting requirement of the declaration was intended to protect.

(k) (1) The executive board may, by a vote of a majority of the members of said board at a meeting held pursuant to section 47-250 , amend the declaration of a common interest community to remove from such declaration a provision that purports to restrict ownership or occupancy of units within the common interest community on the basis of race.

(2) If a unit owner submits a written request to the executive board for an amendment to the declaration to remove a provision that purports to restrict ownership or occupancy of units within the common interest community on the basis of race, the board shall, not later than ninety days after receipt of such a request, hold a meeting to determine whether such a provision exists in the declaration and should be removed pursuant to the provisions of subdivision (1) of this subsection.

Cited. 22 CA 497.
Conn. Gen. Stat. § 47-37 — Connecticut Code / Title 47 / Chapter 822 / Section 47-37
Sec. 47-37. When acquired by adverse use.
Status: in_force

No user less than 15 years can avail. 69 C. 263. Personal rights-of-way in this state may not be established by local custom. 78 C. 133. Whether user is under license or under claim of right is a question of fact. Id., 156. City may acquire right to maintain sewer; imputing knowledge of it to landowner. 81 C. 137. Use may originate in oral agreement or void deed; effect of claimant becoming executor of owner of fee. 90 C. 241. Where an individual use is in common with a public use, there must have been a use of the way by the individual distinctive from that of the general public. 134 C. 576. Trial court erred in denying plaintiff injunctive relief. 136 C. 277. No right can be acquired unless use defines its bounds with reasonable certainty. Id., 398. User by plaintiff's tenants inures to benefit of lessor; user by defendants not inconsistent with plaintiff's right. 137 C. 586. Where use is permissive, it cannot be under a claim of right. 139 C. 352. To acquire a right-of-way by prescription, there must be a user which is open, visible, continuous and uninterrupted for 15 years and made under a claim of right. 142 C. 296. Cited. Id., 708. Essential elements of a right-of-way by prescription are a use which is (1) open and visible, (2) continuous and uninterrupted for 15 years, (3) engaged in under a claim of right. 143 C. 40. Where defendant had maintained mooring stakes for over 30 years along river frontage of plaintiff's property and thereafter erected floating docks also along plaintiff's property, held defendant had not sustained burden of proving continuity of user to acquire by prescription enough of plaintiff's littoral rights to justify interference created by docks. 149 C. 560. Plaintiff acquired no prescriptive right where owner gave him permission of use; in absence of finding when use began, no prescriptive rights can be acquired. 151 C. 458. Riparian owner's rights to natural flow of water of stream through his land infringed by New London's expansion of its water reservoir in a drought held to entitle plaintiff to nominal damages and, unless city acquired water rights by eminent domain in a reasonable time, to an injunction of further diversion by the city. 157 C. 9. Cited. 165 C. 457; 175 C. 535; 183 C. 289; 186 C. 229; 190 C. 163; Id., 184; 196 C. 614; 227 C. 495. Permanent injunction precluded plaintiff's asserting valid claim of right to use private way over defendant's property. 244 C. 583. In order to acquire a prescriptive easement, party may “tack on” the period of use or possession of someone who is in privity with the party, a relationship that may be established by showing a transfer of possession rights. 276 C. 782. Evidence was sufficient to establish that plaintiff's use of right-of-way was adverse, notorious and continuous and sufficient to gain legal right and title. 294 C. 418. Plaintiffs acquired prescriptive easement for recreational use of nonnavigable, artificial body of water through uninterrupted and continuous use for at least 15 years, and proof of daily or constant use was not necessary to acquire this type of easement. 296 C. 43.

Cited. 1 CA 341; Id., 373; 3 CA 639; 7 CA 252; 8 CA 203; 20 CA 298; Id., 380; 32 CA 746; 33 CA 799; 37 CA 822; 39 CA 143; 44 CA 683; 46 CA 164. Although plaintiff did not have burden of proving absence of permission, plaintiff did have burden of proving that she and her predecessors adversely used the driveway under a claim or right. 83 CA 826. Trial court finding that underground utility lines placed outside the deeded utility easement were open and visible where plaintiffs had knowledge of parameters of easement and sewer cleanouts were visible outside those parameters was not clearly erroneous. 92 CA 172. Trial court properly applied facts found to requirements of section in determining that necessary elements for establishing an easement by prescription had been met by a preponderance of the evidence and, in doing so, properly concluded plaintiff satisfied her burden of proof to establish use of driveway under a claim of right by offering testimony that neither she nor her predecessors asked for or were given permission to use defendant's driveway, but rather had used it under belief that it was their right to do so. 139 CA 813.

Cited. 15 CS 467. Use for 28 years in disregard of a no trespassing sign established a right-of-way. 19 CS 220. Requirements for prescriptive easement discussed. 45 CS 515.
Conn. Gen. Stat. § 47a-13 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-13
Sec. 47a-13. Failure of landlord to supply essential services. Tenant's remedies.
Status: in_force

(b) If the tenant elects to procure substitute housing as provided in subdivision (2) of subsection (a) of this section, rent otherwise owed to the landlord shall abate for the period of the landlord's noncompliance. In addition, the tenant may recover the actual costs of such substitute housing, but in no event shall the tenant recover more than an amount equal to the amount of rent abated under this subsection. In any cause of action or defense to any action arising under subsection (a) of this section, the tenant may recover reasonable attorney's fees.

(c) Rights of the tenant under this section do not arise (1) until the tenant has given reasonable written or oral notice to the landlord or (2) if the condition was caused by the wilful or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.

(d) For the purposes of this section, “tenant” includes each resident of a mobile manufactured home park, as defined in section 21-64 , including a resident who owns his own home, and “landlord” includes a “licensee” and an “owner” of a mobile manufactured home park, as defined in section 21-64 .

See Secs. 16-262c to 16-262h, inclusive, re termination of utility service for nonpayment.

Cited. 217 C. 57.

Cited. 10 CA 22; 30 CA 199; 31 CA 359; 32 CA 133; 45 CA 46.

Cited. 37 CS 873; 38 CS 683. Court concluded that recovery of personal injury damages under section is neither consistent with the overall statutory scheme nor supported by legislative history. 44 CS 544.
Conn. Gen. Stat. § 47-5a — Connecticut Code / Title 47 / Chapter 821 / Section 47-5a
Sec. 47-5a. Persons before whom acknowledgment may be made.
Status: in_force

See chapter 821a re forms of deeds and mortgages.
Conn. Gen. Stat. § 47-34a — Connecticut Code / Title 47 / Chapter 821 / Section 47-34a
Sec. 47-34a. Unlawful destruction, disturbance or removal of surveyor's marker or monument.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, a surveyor licensed under chapter 391, or a person acting at the direction of any such licensed surveyor, may remove an existing marker in order to place an upgraded marker in the same location.

(c) Any person who knowingly injures, destroys, disturbs or removes any monument that has been established by the National Geodetic Survey or Connecticut Geodetic Survey for use in the determination of spatial location relative to the Connecticut coordinate systems specified in section 13a-255 or precise elevation datum shall be fined not less than two thousand dollars or more than five thousand dollars.

See Sec. 52-560a re encroachment on open space land.

Cited. 15 CA 458; 46 CA 46.
Conn. Gen. Stat. § 47a-45 — Connecticut Code / Title 47a / Chapter 833 / Section 47a-45
Sec. 47a-45. (Formerly Sec. 52-464). Summoning of jury.
Status: in_force

Annotation to former section 52-464:

Distinguished from civil action under Sec. 52-465. 30 CS 607.

Annotations to present section:

Cited. 45 CA 46.

Cited. 40 CS 107.
Conn. Gen. Stat. § 47-12a — Connecticut Code / Title 47 / Chapter 821 / Section 47-12a
Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.
Status: in_force

(b) The affidavits provided for in this section may relate to the following matters: Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marital status, possession or adverse possession, adverse use, residence, service in the armed forces, conflicts and ambiguities in description of land in recorded instruments, the happening of any condition or event which may terminate an estate or interest, unlawful restrictive covenants and any other state of facts affecting title to real property.

(c) Every affidavit provided for in this section shall include a description of the land, title to which may be affected by facts stated in the affidavit, and shall state the name of the person appearing by the record to be the owner of the land at the time of the recording of the affidavit. The town clerk shall index the affidavit in the name of that record owner.

Cited. 211 C. 36.

Under 2005 revision, town clerk required by law to record affidavit of facts relating to title or interest in real estate on land records. 149 CA 239.
Conn. Gen. Stat. § 47-294 — Connecticut Code / Title 47 / Chapter 828 / Section 47-294
Sec. 47-294. Complaints of violations. Investigations. Enforcement action by Attorney General.
Status: in_force

(b) The Attorney General, acting on behalf of the Commissioner of Housing or the people of the state of Connecticut, may bring an action in the superior court for the judicial district in which the property is located to enforce the provisions of sections 47-282 to 47-293 , inclusive, section 47a-23c as it applies to the conversion of dwelling units or mobile manufactured home parks into common interest communities, and any other law concerning the conversion of dwelling units or mobile manufactured home parks into common interest communities. In any such action, the Attorney General may obtain, for the benefit of persons adversely affected by the violations of such laws, any relief to which such persons may be entitled. The Attorney General may combine such action with any other action within his power to maintain, including an action under chapter 735a. Nothing in this section shall limit the right of a person adversely affected by violations of the law from bringing a private cause of action under sections 47-292 and 42-110g or any other law which may entitle such person to relief.
Conn. Gen. Stat. § 47-33d — Connecticut Code / Title 47 / Chapter 821 / Section 47-33d
Sec. 47-33d. Interests to which title is subject.
Status: in_force

Marketability of title discussed. 183 C. 59. Cited. 219 C. 81; 239 C. 199. Grantee to whom a conveyance is made with reference to a map or plat acquires a private right, or easement, in a park or other open area delineated on such map or plat, in order to secure to persons purchasing lots under such circumstances, those benefits, the promise of which, it is reasonable to infer, has induced them to buy portion of a tract laid out on the plan indicated; recording of development plan in town clerk's office and specific reference to it in root of title and other deeds created an implied easement sufficient to satisfy requirement that an interest in real property must be specifically identified in deed in order for it to be preserved. 276 C. 782.

Cited. 3 CA 550; 44 CA 683; 46 CA 525. Section requires either a specific reference in the muniments of title to easements, use restrictions, or other interests or a general reference to such interests accompanied by a specific identification of a recorded title transaction creating the easement. 169 CA 653.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47a-2 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-2
Sec. 47a-2. Arrangements exempted from application of title. Applicability of title to mobile manufactured homes and home parks. Transient occupancy in hotel, motel or similar lodging.
Status: in_force

(b) Except as otherwise provided in chapter 412 or in this chapter, this chapter shall not apply to the rental of a space or lot in a mobile manufactured home park by a resident of a mobile manufactured home in such park who is also the owner of such mobile manufactured home. This chapter shall apply to the rental of a mobile manufactured home and premises in a mobile manufactured home park by a person other than the owner of such mobile manufactured home. Chapter 833a, except sections 47a-52 , 47a-55 , 47a-56i , 47a-56k and 47a-58 to 47a-61 , inclusive, shall not apply to mobile manufactured home parks. Chapters 831, 832, 833 and 834, and the applicable parts of chapter 833a, shall apply to all residents of a mobile manufactured home park, including owners of mobile manufactured homes, except as otherwise provided in chapter 412.

(c) For the purposes of subdivision (4) of subsection (a) of this section and subdivision (4) of section 47a-36 :

(1) Occupancy in a hotel, motel or similar lodging for less than thirty days is transient, except that such occupancy is not transient if the dwelling unit or room in such hotel, motel or lodging is occupied as the primary residence of the occupant from the beginning of such occupancy; and

(2) Occupancy in a hotel, motel or similar lodging for thirty days or more is not transient, except that such occupancy is transient if the dwelling unit or room in such hotel, motel or lodging is not occupied as the primary residence of the occupant and the occupancy is for less than ninety days.

Cited. 190 C. 364.

Cited. 17 CA 1; 19 CA 483.

Cited. 38 CS 1; Id., 683.
Conn. Gen. Stat. § 47-39 — Connecticut Code / Title 47 / Chapter 822 / Section 47-39
Sec. 47-39. Service of notice upon the party claiming the easement.
Status: in_force

Cited. 140 C. 370; 142 C. 296.

Cited. 40 CS 272.
Conn. Gen. Stat. § 47-14f — Connecticut Code / Title 47 / Chapter 821 / Section 47-14f
Sec. 47-14f. Attachment of or lien on tenant's interest.
Status: in_force

Cited. 204 C. 502.

Since the attachment of the interest of a joint tenant continues after his death, the settlement agreement between the lienor and the surviving tenant was not a “voluntary” assumption of the debt by her vis-a-vis those accommodated by the payment because until the payment was made, her interest would never be free. 3 Conn. Cir. Ct. 664, 668.
Conn. Gen. Stat. § 47-14g — Connecticut Code / Title 47 / Chapter 821 / Section 47-14g
Sec. 47-14g. Divorce or marriage dissolution of husband and wife joint tenants.
Status: in_force

Cited. 178 C. 254; 204 C. 502.

Cited. 28 CA 854; judgment reversed, see 228 C. 85.

Cited. 28 CS 383; 42 CS 36.
Conn. Gen. Stat. § 47-303 — Connecticut Code / Title 47 / Chapter 828a / Section 47-303
Sec. 47-303. Required ground lease provisions.
Status: in_force

See chapter 802c, part II, Secs. 45a-490 to 45a-496, inclusive, re uniform statutory rule against perpetuities.
Conn. Gen. Stat. § 47a-26j — Connecticut Code / Title 47a / Chapter 832 / Section 47a-26j
Sec. 47a-26j. Records of summary process actions.
Status: in_force

(b) If there is any activity in a case that has had any record or identifying information associated with such case removed pursuant to subsection (a) of this section, or if a case continues beyond the date upon which any such record or information is required to be removed pursuant to subsection (a) of this section because of an appeal, the Judicial Department shall restore the case to, or retain the case on, the Judicial Department's Internet web site, together with any such record and information associated with such case. For any record and identifying information restored or retained on the Judicial Department's Internet web site pursuant to this subsection, any such record or information shall remain on such Internet web site for thirty days after the final disposition of the associated case, or for the applicable time period from the original disposition specified in subsection (a) of this section, whichever is later.

(c) Any record or identifying information concerning any summary process action that has been removed from the Judicial Department's Internet web site pursuant to this section shall not be included in any sale or transfer of bulk case records by the Judicial Department to any person or entity purchasing such records for any commercial purpose.

(d) No person or entity shall, for any commercial purpose, disclose any record or identifying information concerning any summary process action that has been removed from the Judicial Department's Internet web site pursuant to subsection (a) of this section. As used in this section, “commercial purpose” means (1) the individual or bulk sale of any record or identifying information concerning any summary process action, (2) the making of consumer reports containing any such record or information, (3) any use related to screening any prospective tenant to determine the suitability of such prospective tenant, and (4) any other use of any such record or information for pecuniary gain, but does not include the use of any such record or information for governmental, scholarly, educational, journalistic or any other noncommercial purpose.

(e) Nothing in this section shall preclude the publication of any formal written judicial opinion by the Judicial Department or by any case reporting service.
Conn. Gen. Stat. § 47-6 — Connecticut Code / Title 47 / Chapter 821 / Section 47-6
Sec. 47-6. Witnessing and acknowledgment of deeds of corporations and voluntary associations.
Status: in_force

Otherwise before statute. 26 C. 195. Effect of pleading admitting execution of deed of corporation. 74 C. 224.

Cited. 7 CA 601.
Conn. Gen. Stat. § 47-208 — Connecticut Code / Title 47 / Chapter 828 / Section 47-208
Sec. 47-208. Construction against implicit repeal.
Status: in_force

Cited. 207 C. 441; 237 C. 123.
Conn. Gen. Stat. § 47-66j — Connecticut Code / Title 47 / Chapter 824 / Section 47-66j
Sec. 47-66j. Rules for tribal membership.
Status: in_force

(b) A membership dispute shall be resolved in accordance with tribal usage and practice. Upon request of a party to a dispute, the dispute may be settled by a council. Each party to the dispute shall appoint a member of the council and the parties shall jointly appoint one or two additional members provided the number of members of the council shall be an odd number. If the parties cannot agree on any joint appointment, the Governor shall appoint such member who shall be a person knowledgeable in Indian affairs. The decision of the council shall be final on substantive issues but an appeal may be taken to the Superior Court to determine if membership rules filed in the office of the Secretary of the State pursuant to this section have been followed. If the court finds that the dispute was not resolved in accordance with the provisions of the written description, it shall remand the matter with instructions to reinstitute proceedings, in accordance with such provisions.

Cited. 243 C. 115.

Primary jurisdiction of tribal membership dispute belongs with council; trial court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction where plaintiff failed to follow the procedures set forth in section. 82 CA 11.
Conn. Gen. Stat. § 47a-39 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-39
Sec. 47a-39. (Formerly Sec. 52-546). Court may grant stay of execution.
Status: in_force

Cited. 217 C. 57.

Cited. 36 CS 623; 38 CS 70.
Conn. Gen. Stat. § 47-33 — Connecticut Code / Title 47 / Chapter 821 / Section 47-33
Sec. 47-33. Action to settle title to land belonging to estate of deceased person.
Status: in_force

(b) The term “heirs”, as used in designating defendants pursuant to section 52-69 , includes the heirs at law, legatees and devisees of the deceased, and all persons who might claim under them, and the term “widow” or “widower”, as thus used, includes all persons who might claim under the widow or widower, and any of those persons may appear and defend.

(c) In any such action, if the complaint is verified by affidavit, or if affidavits of fact are filed in court, the court may render such judgment therein, against any defendant not appearing to defend the action, as may be proper upon the facts so set forth, at any time, at its discretion and without further proof.

Action against deceased person not brought in compliance with statute a nullity. 117 C. 47.

Cited. 30 CS 135.
Conn. Gen. Stat. § 47-96 — Connecticut Code / Title 47 / Chapter 826 / Section 47-96
Sec. 47-96. Permit fees. Determination of value of securities.
Status: in_force

(b) The fee for filing any application for a permit to issue real estate syndicate securities evidencing any change in the rights, preferences, privileges or restrictions on outstanding real estate syndicate securities is one hundred dollars. Where such issuance will result in an increase in the aggregate face amount of the real estate syndicate securities, the fee shall be in accordance with subsection (a) of this section.
Conn. Gen. Stat. § 47-33o — Connecticut Code / Title 47 / Chapter 821 / Section 47-33o
Sec. 47-33o. Dormant Mineral Interests Act: Definitions.
Status: in_force

(1) “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold or security interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic.

(2) “Minerals” includes oil, gas, coal, other liquid, gaseous and solid hydrocarbons, oil shale, cement material, sand and gravel, road material, building stone, chemical substances, gemstones, metallic ores, fissionable ores and nonfissionable ores, colloidal or other clays, steam or other geothermal resources, and any other substances defined as minerals by the law of this state.

(3) “Mineral estate” means any interest in or ownership of minerals which are or may be situated in, on or under land, the fee estate of which is owned by any other person or entity. The term “mineral estate” includes, but is not limited to, a fee interest, a leasehold interest, a life use and any term which is measured by the life of another or by the happening of a future event, whether contingent or noncontingent, and includes any easement or license in, over and across the land in which the minerals are located for the purpose of obtaining access to and removing the minerals.
Conn. Gen. Stat. § 47-64 — Connecticut Code / Title 47 / Chapter 824 / Section 47-64
Sec. 47-64. Use of reservations. Restriction of leases. Escheats.
Status: in_force

(b) Each tribe may lease reservation land for not more than twenty-five years.

(c) Notwithstanding any provision of the general statutes or any special act to the contrary, any Indian reservation property that escheats to the state shall be preserved as an Indian historical area, under the control of the Department of Energy and Environmental Protection.

Cited. 180 C. 474.

Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47-116 — Connecticut Code / Title 47 / Chapter 827 / Section 47-116
Sec. 47-116. Definitions.
Status: in_force

Cited. 190 C. 299; 232 C. 666.

Cited. 26 CA 601.

Cited. 35 CS 177.
Conn. Gen. Stat. § 47-33n — Connecticut Code / Title 47 / Chapter 821 / Section 47-33n
Sec. 47-33n. Dormant Mineral Interests Act: Statement of policy.
Status: in_force

(b) Sections 47-33m to 47-33t , inclusive, shall be construed to effectuate their purpose to provide a means for termination of dormant mineral interests in real property that impair marketability of the property.
Conn. Gen. Stat. § 47-14k — Connecticut Code / Title 47 / Chapter 821 / Section 47-14k
Sec. 47-14k. Applicability of statutes.
Status: in_force

Cited. 204 C. 502.

Assent to the applicability of Secs. 47-14a through 47-14j is presumed if the grantees do not take steps to indicate a contrary intent within a year of the effective date of the statute. 3 Conn. Cir. Ct. 664, 667.
Conn. Gen. Stat. § 47-33l — Connecticut Code / Title 47 / Chapter 821 / Section 47-33l
Sec. 47-33l. Forty-year period extended, when.
Status: in_force

Cited. 183 C. 59; 239 C. 199.

Cited. 3 CA 550; 44 CA 683; 46 CA 525.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-74a — Connecticut Code / Title 47 / Chapter 825 / Section 47-74a
Sec. 47-74a. Board of directors of unit owners association. Election by unit owners other than declarant; when. Declarant to relinquish control; when.
Status: in_force

(b) At any time after unit owners other than the declarant are entitled to elect a member or members of the board of directors of an association, the association shall call and give not less than thirty nor more than forty days notice of a meeting of the unit owners for this purpose. Such meeting may be called and the notice given by any unit owner if the association fails to do so.

(c) So long as the declarant owns ten per cent or more of the units in the condominium for sale in the ordinary course of business, no action may be taken by the association that would be detrimental to the sales of units by the declarant without written agreement thereto by the declarant; provided that an increase in assessments for common expenses or imposition of any special assessment without discrimination against the declarant shall not be deemed to be detrimental to the sale of units.

(d) Within thirty days after unit owners other than the declarant elect a majority of the members of the board of directors of an association, the declarant shall relinquish control of the association and shall deliver to the association all property of the unit owners and of the association held by or controlled by the declarant, including without limitation the following items, as to each condominium operated by the association: (1) The original or a certified copy or a photocopy of the recorded condominium declaration, provided if a photocopy is delivered, such photocopy shall reflect the recording information and shall be certified by an affidavit executed by the declarant as a true and complete copy of the actual recorded declaration; the association articles of incorporation, if it be an incorporated association; bylaws; minute books and other books and records of the association, if any; and any house rules and regulations which may have been promulgated; (2) resignations of officers and members of the board of directors who may be required to resign by reason of the requirement that the declarant relinquish control of the association; (3) an accounting or accountings for association funds. Such accounting or accountings shall have been audited by an independent certified public accountant. The declarant shall be liable to the association for all funds of the association that are not properly expended and which were collected during the period of time that the declarant controlled the board of directors of the association; (4) association funds or control thereof; (5) all of declarant's tangible personal property that has been represented by the declarant in brochures or other writings to be a part of the common elements, or that is necessary for, and has been used exclusively in, the operation and enjoyment of the common elements, or that is property of the association, and inventories of these properties; (6) a copy of the plans and specifications utilized in the construction of the improvements and the supplying of equipment to the condominium and for the construction and installation of all mechanical components serving the improvements and the site, in condominiums for which building permits have been issued after January 1, 1977, with respect to such buildings together with a certificate in affidavit form of the declarant that such plans and specifications are substantially to the best of the knowledge, information and belief of the declarant, the actual plans and specifications utilized in and about the construction and improvement of the condominium property and for the construction and installation of the mechanical components thereof and a certificate or certificates in affidavit form of one or more architects or engineers authorized to practice in the state that the plans and specifications referred to in each such certificate represent to the best of the knowledge, information and belief of each such architect or engineer the actual plans and specifications utilized in and about the construction and improvement of the condominium property and for the construction and installation of the mechanical components thereof, or of the portions of such condominium property or mechanical components described in each certificate. The declarant's certificate shall also state that the one or more architect's or engineer's certificates cover all of such plans and specifications. In the event that the construction of the improvements shall have been completed more than three years before the property shall have been declared a condominium, then the requirements of this subdivision shall not apply. If, however, the improvements on the condominium property submitted to condominium ownership shall have been substantially rehabilitated, renovated or remodeled within three years prior to the recording of the condominium declaration, then the requirements of this subdivision shall apply to the plans and specifications used in connection with such work; (7) all insurance policies then in force, in which the unit owners, the association, or its directors and officers are the named assured; (8) copies of any certificates of occupancy which may have been issued with respect to any improvements comprising the condominium; (9) any other permits issued by governmental bodies applicable to the condominium property and which are currently in force or which were issued within one year prior to the date on which unit owners other than the declarant took control of the association; (10) written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective; (11) a roster of unit owners and mortgagees and their addresses and telephone numbers, if known, as shown on the declarant's records; (12) employment contracts in which the association is or is to be one of the contracting parties; (13) service contract in which the association is or is to be one of the contracting parties or service contract in which the association or the unit owners have directly or indirectly an obligation or responsibility to pay some or all of the fee or charge of the person or persons performing the services; (14) one or more architect's or engineer's certificates certifying to the best of the knowledge, information and belief of each such architect or engineer that the portions of the common elements, for which building permits have been issued after January 1, 1977, referred to in each such certificate have been constructed substantially in accordance with the plans and specifications therefor and a certificate of the declarant that the one or more architect's or engineer's certificates delivered cover all common elements described in such plans and specifications, and that the common elements have been constructed substantially in accordance with the plans and specifications for which such certificates are required and the representations with regard thereto made by the declarant in the disclosures required by this chapter; (15) the requirements of subdivisions (6) and (14) of this subsection shall not apply to condominium property constructed prior to January 1, 1977.

Cited. 210 C. 6.
Conn. Gen. Stat. § 47a-14d — Connecticut Code / Title 47a / Chapter 830 / Section 47a-14d
Sec. 47a-14d. (Formerly Sec. 19-347n). Tenement receivership: Judgment.
Status: in_force

(b) If the court finds that the plaintiffs have proved the allegations of the complaint and that no defense as specified in section 47a-14c has been affirmatively established by the owner or a mortgagee or a lienor of record, the court shall render a judgment directing that (1) the rents due on the date of entry of such judgment and rents to become due subsequent thereto from all occupying such property be deposited with a receiver appointed by the court; (2) that the receiver apply such rents to the extent necessary to remedy the condition or conditions alleged in the petition; (3) when such condition or conditions have been remedied in accordance with the judgment, any remaining surplus be turned over to the owner, together with a complete accounting of the rents deposited and the costs incurred and (4) granting such other and further relief as the court may deem just and proper.

(c) A certified copy of the judgment shall be served upon each tenant occupying such property by registered mail or personally.

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47a-35a — Connecticut Code / Title 47a / Chapter 832 / Section 47a-35a
Sec. 47a-35a. Appeal. Determination of rent to be paid during pendency of appeal. Rent to be paid into court.
Status: in_force

(b) In any other appeal the court on its own motion or on motion of the parties, may fix a sufficient bond with surety to the adverse party in such amount as it may determine.

(c) When any appeal is taken by a plaintiff in an action of summary process, the court, upon motion of the plaintiff and after a hearing thereon, shall order the defendant to deposit with the court payments in monthly installments, as each payment becomes due, for the reasonable fair rental value of the use and occupancy of the premises during the pendency of the appeal accruing from the date of such order.

Where no lease existed and defendant made a motion to make payments for reasonable fair rental value of the property, an appeal bond is not required. 249 C. 482.

Cited. 5 CA 153; 29 CA 139; 40 CA 513. Defendants who occupy dwelling units and appeal summary process actions have affirmative duty to initiate process by which court sets amount of bond with security or establishes use and occupancy payments. 140 CA 383.

Cited. 38 CS 70.
Conn. Gen. Stat. § 47a-69 — Connecticut Code / Title 47a / Chapter 834 / Section 47a-69
Sec. 47a-69. Housing mediators. Appointment. Qualifications. Duties.
Status: in_force

(b) Housing mediators shall be knowledgeable in the maintenance, repair and rehabilitation of dwelling units and the federal, state and municipal laws, ordinances, rules and regulations pertaining thereto. Housing mediators shall also have knowledge necessary to advise parties regarding the type of funds and services available to assist owners, landlords and tenants in the financing of resolutions to housing problems. Housing mediators shall make inspections and conduct investigations at the request of the court, shall advise parties in locating possible sources of financial assistance necessary to comply with orders of the court and shall exercise such other powers and perform such other duties as the judge may from time to time prescribe.

(c) Housing mediators (1) shall be responsible for the initial screening and evaluation of all contested housing matters eligible for placement on the housing docket pursuant to section 47a-68 , (2) may conduct investigations of such matters including, but not limited to, interviews with the parties, and (3) may recommend settlements.

See Sec. 51-51v re appointment of clerks for housing matters.

See Sec. 51-165 re assignment of judges to hear housing matters.

See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to handle prosecutions of housing matters.

See Sec. 51-348 re separate docket for housing matters.

Cited. 225 C. 757.
Conn. Gen. Stat. § 47-43 — Connecticut Code / Title 47 / Chapter 823 / Section 47-43
Sec. 47-43. Proprietors to maintain sufficient fences.
Status: in_force

Duty of proprietors when the line is such that no fence can be made. 1 R. 269. A ditch named and treated as a boundary is regarded as a division fence. 6 C. 473. Rights of party repairing such ditch. Id., 474. What constitutes a divisional fence within statute. 15 C. 135. Fence viewers are the sole judges of what is a sufficient fence. 24 C. 277. Terms “sufficient fence” and “ordinary fence” as used in statute, construed. 37 C. 126, 127. Statute commented on. 52 C. 34. Hedge as a division fence; rights of adjoining proprietors as to trimming hedge. 108 C. 98. Cited. 181 C. 454.

Cited. 46 CA 164.

Privet hedge set out and cared for by defendant only having its middle line on her property from three inches to one and nine-tenths feet from boundary line held not division fence. 4 Conn. Cir. Ct. 196.
Conn. Gen. Stat. § 47a-10 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-10
Sec. 47a-10. Termination of responsibility.
Status: in_force

(b) Unless otherwise agreed, a manager of premises which include a dwelling unit is relieved of liability under the rental agreement and this chapter and section 47a-21 as to events occurring after termination of his management.

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47a-56i — Connecticut Code / Title 47a / Chapter 833a / Section 47a-56i
Sec. 47a-56i. (Formerly Sec. 19-347h). Housing Receivership Revolving Fund. Source of funds for expenses of a receiver in remedying certain tenement conditions.
Status: in_force

(b) The receiver shall repay the amounts so expended to such fund from the proceeds of any amounts recovered pursuant to the provisions of said sections.

(c) The owner of the property shall be liable for repayment to the fund of all amounts expended from the fund upon or in connection with such property and to the municipality for all amounts expended by it upon or in connection with such property. Any such funds expended from the fund shall be secured by a lien on such property for the benefit of the state, which shall have priority over all mortgages or other liens on such property. Any such funds expended by the municipality shall be secured by a lien on such property which shall have the same priority as a lien for municipal taxes.
Conn. Gen. Stat. § 47-6a — Connecticut Code / Title 47 / Chapter 821 / Section 47-6a
Sec. 47-6a. Foreign business trust authorized to purchase, hold, transmit, make mortgages on, acquire and convey interests in real estate; filing of trust declaration.
Status: in_force

Cited. 179 C. 246.

Massachusetts business trusts are treated as corporations, and Sec. 33-411(c) and (d) probably apply to them; inapplicable to a Maryland business trust. 32 CS 124.
Conn. Gen. Stat. § 47-107 — Connecticut Code / Title 47 / Chapter 826 / Section 47-107
Sec. 47-107. Investigations by commission; powers.
Status: in_force

(b) The commission in its discretion may make such examinations or investigations as it deems necessary to determine whether any person or company has violated any provisions of this chapter, or any regulation, order or permit hereunder. For the purpose of any examination or investigation under this chapter, the chairman or any officer designated by him may administer oaths and affirmation, subpoena witnesses, compel their attendance, audit books, accounts and records, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the commission deems relevant or material to the inquiry.
Conn. Gen. Stat. § 47-66g — Connecticut Code / Title 47 / Chapter 824 / Section 47-66g
Sec. 47-66g. Management of Indian affairs.
Status: in_force

Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47-3 — Connecticut Code / Title 47 / Chapter 821 / Section 47-3
Sec. 47-3. Estate given in fee tail.
Status: in_force

Section affirms the common law of Connecticut. K. 118; Id., 175; 1 R. 79, 96; 2 R. 39; 3 D. 332. Issue of donee in tail, during life of donee, has no right capable of being transferred by release deed. 7 C. 250; 51 C. 45; 66 C. 408. When a fee tail vests in the immediate descendant of a person in being. 9 C. 114. When a devise vests an estate tail in the devisee. 12 C. 328. When donee in tail liable upon covenants in a deed of warranty. 23 C. 349. Estate tail by implication. 66 C. 407; 72 C. 29; 125 C. 657. Provisions in wills construed. 68 C. 207; 78 C. 362; 124 C. 448; 127 C. 115. How estate in fee tail is created by deed or will; effect. 88 C. 296. Cited. 109 C. 540. “Issue” construed not to mean “children”. 124 C. 448. Statute in terms provides for the invalidation of an estate tail by making it an estate in fee simple in the first donee in tail. 125 C. 661. Identity of the issue of the first donee in tail not ascertainable until death of donee. Id., 662. Meaning of word “issue” not the same as “immediate issue or descendants” in former statute against perpetuities. 127 C. 9.
Conn. Gen. Stat. § 47-49 — Connecticut Code / Title 47 / Chapter 823 / Section 47-49
Sec. 47-49. Purchase of division fence.
Status: in_force

Parol division of divisional fence by adjoining proprietors is valid. 29 C. 428. When decision of one selectman binding as to division of fence. 32 C. 109. Where party builds whole of division fence on line, the adjacent proprietor has no right to tear down half. 52 C. 34.

Cited. 4 Conn. Cir. Ct. 196, 199.
Conn. Gen. Stat. § 47-221 — Connecticut Code / Title 47 / Chapter 828 / Section 47-221
Sec. 47-221. Unit boundaries.
Status: in_force

(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.

(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(3) Subject to subsection (2) of this section, all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Conn. Gen. Stat. § 47-238 — Connecticut Code / Title 47 / Chapter 828 / Section 47-238
Sec. 47-238. Rights of secured lenders.
Status: in_force

(b) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. Requirements that the association must deposit its periodic common charges before default with the lender to which the association's income has been assigned, or increase its periodic common charges at the lender's direction by amounts reasonably necessary to amortize the loan in accordance with its terms, or to have a court appointed receiver of the association collect and disburse common charges after default, do not violate the prohibitions on lender approval contained in subsection (a) of this section.
Conn. Gen. Stat. § 47-243 — Connecticut Code / Title 47 / Chapter 828 / Section 47-243
Sec. 47-243. Organization of unit owners' association.
Status: in_force

Cited. 208 C. 318.

Cited. 38 CA 420; 44 CA 107. Trial court found that executive board of condominium association was constituted properly. 102 CA 245.
Conn. Gen. Stat. § 47-66 — Connecticut Code / Title 47 / Chapter 824 / Section 47-66
Sec. 47-66. Tribal funds.
Status: in_force

Cited. 176 C. 318; 180 C. 474; 217 C. 612.

Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47a-46 — Connecticut Code / Title 47a / Chapter 833 / Section 47a-46
Sec. 47a-46. (Formerly Sec. 52-465). When double damages allowable.
Status: in_force

Annotations to former section 52-465:

Action for damages is not defeated by proof of title in defendant. 6 C. 80.

Statute merely provides for damages and costs. 30 CS 607.

Annotations to present section:

Standard of proof required for award of double damages under statute is same as that of other tort cases; judgment of Appellate Court in 24 CA 124 reversed. 221 C. 674.

Cited. 24 CA 124; judgment reversed, see 221 C. 674; 43 CA 1. Trial court did not err in failing to award plaintiffs attorney's fees as a recoverable cost under section; section is devoid of any express language authorizing an award of attorney's fees, court will not presume that legislature intended for statute to operate in derogation of the long-standing common-law rule disfavoring award of attorney's fees to prevailing party. 87 CA 779. Where damages awarded under this section encompass the same conduct as for damages awarded pursuant to Sec. 47a-18a, the sum for actual damages may not be included in the award pursuant to both sections. 89 CA 836.
Conn. Gen. Stat. § 47-74 — Connecticut Code / Title 47 / Chapter 825 / Section 47-74
Sec. 47-74. Rights of unit owners.
Status: in_force

(b) (1) Each unit owner shall own an undivided interest in the common elements, in the percentage expressed in the declaration. Such percentage shall be computed on any of the following bases, or a combination thereof, provided that the declaration shall fully set forth the manner in which the percentage appertaining to each unit is ascertained: (A) The fair value of each unit at the date of the declaration in relation to the fair value of all the units having an interest in the common elements; (B) the size of each unit, as shown in the plans filed with the condominium instruments, in relation to the size of all of the units having any interest in the common elements; or (C) that the percentage appertaining to each unit, or to each unit within separate classifications, is to be identical. (2) The declaration may contain provisions relating to the appropriation, taking or condemnation by eminent domain by a federal, state or local government, or instrumentality thereof, including, but not limited to, reapportionment or other change of the common interest appurtenant to each unit or portion thereof remaining after a partial appropriation, taking or condemnation. The percentage of the undivided interest in the common elements shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. (3) The common elements shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter and any covenant or provision in the condominium instruments or other document to the contrary shall be null and void, provided, that the unit owners may vote to sever all or part of the recreation facilities from the common elements and convey the same to a nonstock corporation pursuant to section 47-74c . (4) Each unit owner may use the common elements in accordance with the purpose for which they were intended, without hindering or encroaching upon the lawful rights of the other unit owners and, except as provided in the condominium instruments, the common elements shall be subject to mutual rights of support, access, use and enjoyment by all unit owners. Any portion of the common elements designated as limited common elements shall be used only by the owner or owners of the unit or units to which their use is limited in the condominium instruments, provided, that any unit owner of a unit to which the use of any limited common element is restricted may lease or license the use of the limited common element to any other unit owner, for an initial period of not more than one year. (5) The necessary work of maintenance, repair and replacement of the common elements and the making of any additions or improvements thereto shall be carried out only as provided herein and in the declaration and in the bylaws. (6) The declarant and the association of unit owners shall have the right, to be exercised by their duly authorized agents, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common elements or to another unit or units and the condominium instruments may contain such reasonable rules and regulations for the administration of this provision as the privacy and the protection of such units and their contents from burglary or larceny and from fire or other casualty may require.

(c) The undivided interests in the common elements within any land added to the condominium pursuant to section 47-71a shall not be allocated until surveys and plans showing the same are recorded pursuant to said section 47-71a . Simultaneously with the recording of such survey and plans, the declarant shall execute and record an amendment to the declaration reallocating undivided interests in the common elements so that the units shown on such survey and plans shall be allocated undivided interests in the common elements on the same basis as the units shown on the survey and plans recorded simultaneously with the declaration pursuant to section 47-71 .

Cited. 177 C. 295.

Cited. 35 CS 199.
Conn. Gen. Stat. § 47-6b — Connecticut Code / Title 47 / Chapter 821 / Section 47-6b
Sec. 47-6b. Conveyances to nonprofit land-holding organizations.
Status: in_force

(1) “Nonprofit land-holding organization” means a nonprofit corporation incorporated pursuant to chapter 602, or any predecessor statute thereto, having as one of its principal purposes the conservation and preservation of land, including, but not limited to, a land trust; and

(2) “Conservation restriction” has the same meaning as provided in section 47-42a .

(b) Any deed or other instrument of conveyance by which an interest in real property, including, but not limited to, a conservation restriction or easement, is conveyed to a nonprofit land-holding organization on or after October 1, 2004, shall, in addition to other requirements of law, be signed by a duly authorized officer of such nonprofit land-holding organization to indicate acceptance of such interest by the nonprofit land-holding organization.

(c) Any person who conveys any interest in real property to a nonprofit land-holding organization on or after October 1, 2004, by a deed or other instrument of conveyance that is not signed by a duly authorized officer of such nonprofit land-holding organization as required under subsection (b) of this section shall be liable for a civil penalty in the amount of five hundred dollars. Any such conveyance shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .
Conn. Gen. Stat. § 47-91 — Connecticut Code / Title 47 / Chapter 826 / Section 47-91
Sec. 47-91. Definitions.
Status: in_force

(a) “Real estate syndicate” means any general or limited partnership, joint venture, unincorporated association, or similar organization, but not a corporation, owned beneficially for not less than eighteen persons and formed for the sole purpose of, and engaged solely in, investment in or gain from an interest in real property, including, but not limited to, a sale, exchange, trade or development. An interest held by a husband and wife shall be considered held by one person.

(b) “Interest in real property” includes any estate or interest in unimproved land, agricultural land, or land improved with a residential, commercial, industrial or other structure, including profits, rents or other incidental income.

(c) “Real estate syndicate security” means any interest in a real estate syndicate.

(d) (1) “Sale” or “sell” includes every contract of sale of, contract to sell, or disposition of a real estate syndicate security for value and any exchange of a real estate syndicate security or any substantial change in the rights, preferences, privileges or restrictions of or on outstanding certificates of interest. (2) “Offer” or “offer to sell” includes every attempt or offer to dispose of, or solicitation of an offer to buy, a real estate syndicate security for value. (3) Any real estate syndicate security given or delivered with, or as a bonus on account of, any purchase or loan or other thing constitutes a part of the subject of the purchase and is considered to have been offered and sold for value. (4) The terms defined in this section do not include (i) any bona fide secured transaction in or loan secured by outstanding certificates of interest or (ii) any act incident to a judicially approved arrangement or reorganization in which certificates of interest are issued in exchange for one or more certificates of interest, claims or property interests or partly in such exchange and partly for cash.

(e) “Commission” means the Real Estate Commission.

(f) “Permit” means a permit to sell real estate syndicate securities.

(g) “Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television or similar communications media, published in connection with the offer or sale of a real estate syndicate security.

(h) “Issuer” means any person who issues or proposes to issue any real estate syndicate security. The term “issuer” means the person or persons performing the acts and assuming the duties of a manager pursuant to the provisions of the agreement or instrument under which the real estate syndicate security is issued and the person or persons in active control of the real estate syndicate who sell such interests or participations. The determination of the person or persons in active control shall be made on the basis of the actual relationship of the parties and not on the basis of the legal designation of a person's interest.
Conn. Gen. Stat. § 47a-16a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-16a
Sec. 47a-16a. Notification by tenant of extended absence. When landlord may enter.
Status: in_force

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47-210 — Connecticut Code / Title 47 / Chapter 828 / Section 47-210
Sec. 47-210. Unconscionable contracts or contract clauses. Leases involving land or facilities in residential common interest communities that are presumed to be unconscionable.
Status: in_force

(b) The court, on finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable result.

(c) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:

(1) The commercial setting of the negotiations;

(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement or similar factors;

(3) The effect and purpose of the contract or clause; and

(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.

(d) A lease entered into prior to January 1, 1984, pertaining to use of land or facilities by unit owners in a residential common interest community, is presumed to be unconscionable if:

(1) The lease by its terms requires the lessee to pay an annual rental and other expenses that exceed fifteen per cent of the appraised value of the leased property as improved, provided for the purposes of this subdivision, “annual rental and other expenses” means the amount paid by the lessee during the twelve months immediately preceding the filing of an action under this section as rent and for real estate taxes, insurance, capital improvements and other expenses required to maintain the property under the lease terms, and “appraised value” means the appraised value placed upon the leased property by a licensed or certified real estate appraiser on a date during the twelve months immediately preceding the filing of an action under this section; and

(2) Seven of the following eight elements exist:

(A) The lease was executed by persons none of whom at the time of the execution of the lease were elected by unit owners, other than the declarant;

(B) The lease requires either the association or the unit owners to pay all real estate taxes on the subject real property;

(C) The lease requires either the association or the unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard;

(D) The lease requires either the association or the unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property;

(E) The lease requires either the association or the unit owners to pay rents to the lessor for a period of twenty-one years or more;

(F) The lease provides that failure of the lessee to make payments of rents due under the lease creates, establishes or permits establishment of a lien upon individual units to secure claims for rent;

(G) The lease provides for a periodic rental increase based upon reference to a price index; and

(H) The lease or other common interest community documents require that any transferee of a unit must assume obligations under the lease.

(e) The presumption set forth in subsection (d) of this section may be rebutted by a lessor upon the showing of additional facts and circumstances to justify and validate what otherwise appears to be an unconscionable lease under this section.

(f) Failure of a lease to contain the required number of elements specified in subsection (d) of this section shall not preclude a determination that the lease is unconscionable.

(g) Notwithstanding any provision of the general statutes, neither the statute of limitations nor laches shall prohibit unit owners of a residential common interest community from maintaining a cause of action under this section.

(h) If a court finds that a lease contract or lease contract clause was unconscionable at the time the contract was made, in determining whether to enforce the contract, or enforce the remainder of the contract without the unconscionable clause, or whether to limit the application of any unconscionable clause in order to avoid an unconscionable result, the court shall consider evidence regarding the adverse impact, if any, of any such determination on the interests of third parties, including lenders who may have, in good faith, relied upon such lease provisions, and the court, in formulating such a determination, shall seek to avoid an unjust impact on such third parties and shall make no such determination, the effect of which would be to terminate the common interest community.

Cited. 237 C. 123.

Subsec. (d):

Determination of unconscionability is to be made based on a certain time frame after claim is filed, not after the contract is formed. 265 C. 579.
Conn. Gen. Stat. § 47-25 — Connecticut Code / Title 47 / Chapter 821 / Section 47-25
Sec. 47-25. Right to light not gained by adverse possession.
Status: in_force

When grant of light or air will be implied. 62 C. 383; 79 C. 401; 80 C. 497. Abutter on street has right to light, air and view from space over highway. 104 C. 619. Cited. 208 C. 256.