reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-63. - Definitions.

The following terms as used in this chapter, shall have the following meanings: “Indian” means a person who is a member of any of the following tribes, Paucatuck Eastern Pequot, Mashantucket Pequot, Schaghticoke, Golden Hill Paugussett and Mohegan; “reservation” means the Paucatuck Eastern Pequot reservation in the town of North Stonington, assigned to the use of the Paucatuck Eastern Pequot tribe; the Golden Hill Paugussett reservations in the towns of Trumbull and Colchester, assigned to the Golden Hill Paugussett tribe; the Schaghticoke reservation in the town of Kent, assigned to the Schaghticoke tribe, and the Mashantucket Pequot reservation in the town of Ledyard, assigned to the Mashantucket Pequot tribe; “tribal funds” means the money held by the state for the use and benefit of a tribe as distinguished from legislative appropriations.
(1961, P.A. 304, S. 1; P.A. 73-660, S. 9, 11; P.A. 81-375, S. 2, 4; P.A. 89-368, S. 22.)
History: P.A. 73-660 redefined “Indian” to list specific tribes, replacing reference to persons of tribes “for whose use any reservation was set out”; P.A. 81-375 amended section to change names of tribes and to add reference to Colchester reservation as of July 1, 1981; P.A. 89-368 made technical changes.
Cited. 180 C. 474. State acquired jurisdiction over crimes committed on the Mashantucket Pequot Indian reservation by enactment of Sec. 1755 of title 25 of the U.S. Code; judgment of Appellate Court in 36 CA 106 reversed. 234 C. 78. Cited. 243 C. 115.
Cited. 22 CA 229; judgment reversed, see 217 C. 612.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-64. - Use of reservations. Restriction of leases. Escheats.

(a) Each tribe shall determine who may live on reservation land, provided any person lawfully residing on a reservation on October 1, 1989, may continue to reside on such reservation. Residents may be removed in accordance with rules filed under section 47-66j.
(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.
(1961, P.A. 304, S. 2, 3; P.A. 73-660, S. 3, 6, 11; P.A. 89-368, S. 23; P.A. 11-80, S. 1.)
History: P.A. 73-660 changed applicable dates from July 1, 1961, to July 1, 1973, added provision in Subsec. (a) re reimbursement for spouse or children who no longer qualify to reside on reservation following death of their relative and deleted provisions which placed burden of proving residency eligibility on claimant and re welfare commissioner's regulation of times when Indians, descendants and guests may use reservation for recreational and social purposes, in Subsec. (b) replaced welfare commissioner with Indian Affairs Council and added Subsec. (c); P.A. 89-368 amended Subsec. (a) to authorize tribes to determine who may reside on reservation land and amended Subsec. (b) to delete prohibition against leasing and to authorize tribes to lease reservation land for not more than 25 years; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 180 C. 474.
Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-65a. - Hunting and fishing on reservations.

Notwithstanding the provisions of section 26-27, any Indian may take, hunt or trap any wild bird or quadruped on, or take or assist in taking any fish or bait species in the waters of, the reservation of such Indian's tribe without a license therefor, subject to the regulations promulgated by the council and to such seasonal and bag limitations as may be provided by law. The Commissioner of Energy and Environmental Protection shall issue, without fee, a private land deer permit to any Indian for use only on the reservation of such Indian's tribe, provided such reservation is not less than two hundred fifty acres in size and provided further no such Indian shall be issued more than one such permit per season. Such permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on such reservation land from November first until December thirty-first, inclusive, of each year.
(P.A. 73-660, S. 7, 11; P.A. 00-67, S. 1; P.A. 11-80, S. 1.)
History: P.A. 00-67 made technical changes and added requirement that the commissioner issue private land deer permits for reservations with limits on reservation size, number of permits issued, type of weapon and season; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 180 C. 474.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-65b. - State assumption of criminal and civil jurisdiction on reservation of the Mohegan Tribe of Indians.

The state of Connecticut assumes criminal jurisdiction and civil regulatory jurisdiction pursuant to the May 17, 1994, Agreement and the May 17, 1994, Gaming Compact between the state of Connecticut and the Mohegan Tribe of Indians of Connecticut and Public Law 103-377.
(P.A. 96-142, S. 1, 4.)
History: P.A. 96-142 effective May 29, 1996.
Trial court did not have subject matter jurisdiction over court case brought against Indian tribe because Congress only extended criminal jurisdiction to state and tribe would have to consent to civil jurisdiction. 260 C. 46.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-65c. - Memoranda of agreement establishing authority of Indian tribal police departments and officers.

(a) Notwithstanding the requirements of section 3-6c, the Commissioner of Emergency Services and Public Protection, upon the approval of the Chief State's Attorney, shall have the authority to enter into separate memoranda of agreement with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut for the purpose of establishing the authority of each tribe's police department and police officers to exercise law enforcement powers pursuant to sections 7-294a to 7-294e, inclusive.
(b) Notwithstanding the requirements of section 3-6c, the Commissioner of Emergency Services and Public Protection and the Chief State's Attorney shall jointly have the authority to revoke any memorandum of agreement with the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut entered into pursuant to subsection (a) of this section.
(c) Upon entering into any memorandum of agreement pursuant to subsection (a) of this section, the Commissioner of Emergency Services and Public Protection shall submit a copy of such agreement to the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives and the minority leader of the Senate and to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and government administration.
(P.A. 13-170, S. 2.)
History: P.A. 13-170 effective June 25, 2013.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66. - Tribal funds.

Tribal funds shall be under the care and control of the Commissioner of Energy and Environmental Protection with the advice of the Indian Affairs Council and may be used for the purposes set forth in section 47-65. Said commissioner shall annually settle his accounts of the affairs of each tribe with the Comptroller, and his report to the Governor shall furnish, with respect to each tribe, a statement of the amount and condition of its fund, an estimate of the value of its lands and the income annually received and the expenditures made by said commissioner from such fund. Said commissioner may maintain an action in his name to recover any property misappropriated from a reservation.
(1961, P.A. 304, S. 5; P.A. 73-660, S. 5, 11; P.A. 11-80, S. 1.)
History: P.A. 73-660 placed funds under control of environmental protection commissioner and Indian Affairs Council rather than under control of welfare commissioner; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66a. - Indian housing authorities. Creation and powers.

There is created, with respect to each Indian tribe named in section 47-63, a public body corporate and politic, to be known as the “housing authority” of said Indian tribe possessing all powers, rights and functions specified for municipal authorities created pursuant to chapter 128, provided said Indian housing authority shall not transact any business nor exercise its powers hereunder until or unless the governing council of said tribe, by proper resolution declares that there is a need for an authority to function for said tribe. Except as otherwise provided in sections 47-66a to 47-66d, inclusive, all the provisions of law applicable to housing authorities created for municipalities and the commissioners of such authorities shall be applicable to Indian housing authorities and the commissioners thereof, unless a different meaning clearly appears from the context. The chief or other governing head and governing council of an Indian tribe are hereby authorized to exercise all appointing and other powers with respect to an Indian housing authority that are vested under part I of said chapter 128, in the chief executive officer and governing body of a municipality. The Indian housing authorities shall be operated in conformity with Title II of the Civil Rights Act of 1968.
(P.A. 76-377, S. 1.)
Cited. 180 C. 474.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66b. - Commissioners.

The chief or other governing head shall appoint five commissioners who shall be members of the tribe for which the authority is created. Holding of any tribal office shall not bar appointment of any such tribal member to a tribal housing authority. No person shall be barred from serving as a commissioner because he is a tenant or home buyer in a tribal housing project.
(P.A. 76-377, S. 2.)
Cited. 180 C. 474.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66d. - Lease of tribal property to housing authority.

Notwithstanding the provisions of subsection (b) of section 47-64, any real property located on an Indian reservation, as defined in section 47-63, required by a tribal authority for use in its area of operation in providing housing shall be leased to the housing authority by the respective tribal governing body with the approval of the Commissioner of Energy and Environmental Protection, upon such lawful terms as shall be agreeable to the parties.
(P.A. 76-377, S. 4; P.A. 11-80, S. 1.)
History: (Revisor's note: In 1997 the words “the Department of” in the phrase “Commissioner of the Department of Environmental Protection” were deleted editorially by the Revisors for consistency with customary statutory usage); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 180 C. 474.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66e and 47-66f. - Indian burial sites; inventory of state land. Excavation of Indian burial sites; notice, removal and reinterment of remains.

Sections 47-66e and 47-66f are repealed.
(P.A. 81-242, S. 1
–
3; P.A. 89-368, S. 29, 30.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66g. - Management of Indian affairs.

The Commissioner of Energy and Environmental Protection with the advice of the Indian Affairs Council shall manage the state's interest in Indian affairs not otherwise specified in this chapter, including but not limited to, maintaining state documents, providing information to tribal members and coordinating governmental grant programs.
(P.A. 82-178; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66h. - Trust agreements between Governor and willing indigenous tribes.

(a) Effective October 1, 1990, the Governor shall enter into a trust agreement with each willing indigenous Indian tribe. Any such trust agreement shall define the powers and duties possessed by the tribe that is party to the agreement and shall be consistent with recommendations on trust agreements contained in the final report of the Indian Affairs Task Force made pursuant to special act 87-103.
(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.
(P.A. 89-368, S. 17.)
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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66i. - Method of selecting tribal leaders. Disputes.

(a) Each tribal leader shall file with the Governor his name and a written description of the method of selecting tribal leaders and the process by which tribal leaders exercise their authority. The Governor shall file such description with the Secretary of the State and the Indian Affairs Council established under section 47-59b.
(b) A leadership 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 to 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 any such member who shall be a person knowledgeable in Indian affairs. The decision of the council shall be final on substantive issues. An appeal may be taken to the Superior Court to determine if provisions of the written description filed with 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.
(P.A. 89-368, S. 18.)
Cited. 231 C. 563.
There is no provision whereby tribal leadership disputes are to be decided first by the Superior Court. 138 CA 204.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 824 - Indians › Section 47-66j. - Rules for tribal membership.

(a) On or before March 15, 1990, and annually thereafter, the tribal leader selected in accordance with the method filed under section 47-66i shall file a copy of the rules for tribal membership and government and a current membership roll with the Governor. The membership rules may include provisions for revocation of membership. The Governor shall file the rules and membership roll with the Secretary of the State and the Indian Affairs Council established under section 47-59b.
(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.
(P.A. 89-368, S. 19.)
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.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-67 and 47-68. - Title. Definitions.

Sections 47-67 and 47-68 are repealed.
(1963, P.A. 605, S. 1, 2; 1971, P.A. 813, S. 1, 2; P.A. 76-308, S. 35, 36; P.A. 79-602, S. 132.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-69. - Applicability of chapter.

Section 47-69 is repealed.
(1963, P.A. 605, S. 3; 1971, P.A. 813, S. 3; P.A. 76-308, S. 35, 36.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-71a. - Expansion of condominiums.

No condominium shall be expanded except in accordance with the provisions of the declaration and of this chapter. Expansion shall be deemed to have occurred at the time of the recording of surveys and plans pursuant to subsection (f) of section 47-71, together with an amendment to the declaration, duly executed by the declarant, including, without limitation, all of the owners of the additional land added to the condominium. Such amendment shall contain a description of the land added to the condominium and shall reallocate undivided interests in the common elements in accordance with the provisions of subsection (c) of section 47-74.
(P.A. 76-308, S. 3, 36.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-72. - Deeds of units. Leases.

Conveyance of title from declarant to any unit or leasehold other than to a successor declarant, or other than by mortgage, judicial proceedings, foreclosure, or proceedings or deed in lieu of foreclosure, shall be by warranty deed or lease, conveying to the purchaser of such unit an indefeasible title in fee simple absolute or leasehold estate to the unit and to the percentage of undivided interest in the common elements appertaining to the unit, subject only to covenants, easements and liens pursuant to section 47-70 and shall not reserve to the seller or to any third party any leasehold or reversionary interest in a fee simple condominium. Deeds or leases of units shall include the following particulars:
(a) A description of the land as provided in section 47-71 or the date, title of and reference to the survey describing such land;
(b) The date of the effective declaration, and all effective amendments thereto, and the volume and page of the land records where recorded;
(c) The identification of the unit in the declaration;
(d) Any further details which the grantor and grantee may deem desirable to set forth consistent with the condominium instruments and this chapter.
(1963, P.A. 605, S. 11; 1971, P.A. 813, S. 6; P.A. 76-308, S. 5, 36.)
History: 1971 act deleted the requirement that the percentage of undivided interest appertaining to the unit in the common areas and facilities appear in the deed; P.A. 76-308 required that conveyance be by warranty deed or lease and prohibited reservations by the seller or any third party of any leasehold or reversionary interest in a fee simple condominium.
Cited. 196 C. 596.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-73. - Unit as real property.

Each unit, together with its undivided interest in the common elements, shall for all purposes constitute real property.
(1963, P.A. 605, S. 4; P.A. 76-308, S. 6, 36.)
History: P.A. 76-308 changed the term “common areas and facilities” to “common elements”.
Cited. 196 C. 596.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-74b. - Limitation on grants, reservations and contracts made by declarant or declarant-controlled association.

(a) Except for covenants, liens and easements permitted by subsection (d) of section 47-70, any grant or reservation made by or pursuant to the condominium instruments, and any contract made by the declarant or by an association prior to assumption of control of the association by unit owners other than the declarant that provides for management, maintenance or operation of the condominium, or of any common elements serving the unit owners or available to them, shall expire not more than five years from the date of the recording of the original declaration, unless extended by vote of a majority of the unit owners other than the declarant. Any such grant, reservation or contract may be cancelled prior to its stated expiration date, or amended, notwithstanding any provision to the contrary therein, by the unit owners' association by vote of a majority of the unit owners other than the declarant. Such action may be taken by the association at any duly held meeting upon the expiration of three months from the date on which unit owners other than the declarant assume, or have the right to assume, control of the association under subsection (a) of section 47-74a, and shall take effect not less than sixty days from the date of the meeting at which such action is taken. Such meeting may be called and notice given by a unit owner if the association fails to do so.
(b) The declarant shall not establish any corporation or other instrumentality, or require the execution of any writing, having as its purpose or effect the continuation of control by the declarant, or the continuance of any grant, reservation or contract, after action by the unit owners other than the declarant to assume control and to terminate any such grant, reservation or contract, except for covenants, liens and easements permitted by subsection (d) of section 47-70 and the establishment of any such corporation or instrumentality, or the execution or enforcement of any such document, shall be a violation of this chapter.
(P.A. 76-308, S. 22, 36.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-74c. - Declarant not to retain ownership interest in recreational facilities.

The declarant shall not retain ownership of, and lease or otherwise require payment for the use of the recreation facilities nor shall the declarant convey such recreation facilities to any person other than to the unit owners of the condominium served by such recreation facilities, which shall be common elements of the condominium within which they are located or which they serve; provided any condominium may provide by its condominium instruments that by affirmative vote of the unit owners at any time after the unit owners other than the declarant have assumed or have the right to assume control of the unit owners' association under section 47-74b, all or part of the recreational facilities serving such condominium shall be conveyed to a nonstock corporation organized under chapter 602, the board of directors of which shall be composed exclusively of unit owners of the condominium served by such recreational facilities.
(P.A. 76-308, S. 23, 36; P.A. 96-256, S. 202, 209.)
History: P.A. 96-256 replaced reference to Ch. 600 with Ch. 602, effective January 1, 1997.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-74e. - Implied warranties.

(a) An implied warranty of fitness and merchantability shall attach (1) to each building or other improvement completed not more than two years prior to, or at any time after, the date of the recording of the original condominium instruments; and (2) to the personal property that is transferred with or is appurtenant to each of such buildings or other improvements. For the purpose of this section, completion of a building means issuance of a final certificate of occupancy or the equivalent authorization issued by the governmental body having jurisdiction.
(b) This implied warranty shall inure to the benefit of each unit owner and his successors, and to the benefit of the declarant, as follows: (1) As to the roof and structural components of a building or other improvement, and as to mechanical, electrical and plumbing components serving a building or improvement, as distinguished from mechanical components serving only a unit, there shall be the following warranties: (A) From the declarant for the period beginning with the date of the first occupancy or use of a building or improvement by a unit owner other than the declarant, and ending one year thereafter; (B) from the contractor, subcontractors and suppliers for a period of one year from the completion of construction or installation. (2) As to all other components of a building or other improvement there shall be the following warranties: (A) From the declarant for a period of one year from the date of the closing of a sale of a unit or from the date of first occupancy of the unit, whichever shall first occur, as to such unit and the limited common elements appurtenant thereto, and as to all other buildings and real estate improvements beginning with the date of first use of the same by a unit owner other than the declarant; (B) from the contractor, subcontractors and suppliers, as to each building or other improvement, for a period of one year from the completion of construction thereof.
(c) The warranties herein provided may be asserted by a unit owner or by the unit owners' association on its own behalf or on behalf of one or more unit owners, and shall be conditioned upon the performance of routine maintenance.
(P.A. 76-308, S. 25, 36.)
Although statute applies only to units sold on and after January 1, 1977, it is not exclusive remedy and nonstatutory implied warranty will be imposed on builder-vendor of condominium. 36 CS 160.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-74f. - Nonbinding reservation agreements. Cancellation.

(a) No declarant may dispose of any interest in a condominium unit unless he delivers to the purchaser a current public offering statement, on or before the date on which a nonbinding reservation agreement is signed by the purchaser. Said nonbinding reservation agreement shall be expressly and without qualification effective for at least fifteen days from the date on which the purchaser signs it.
(b) No declarant may dispose of any interest in a condominium unit to a purchaser who has not signed a nonbinding reservation agreement for said unit unless he delivers to such purchaser a current public offering statement, on or before the date on which the purchaser signs a contract for disposition of said unit. Any contract signed by such a purchaser shall be expressly and without qualification subject to cancellation by the purchaser in the same manner as a nonbinding reservation agreement.
(c) Cancellation of contracts for the disposition of a condominium unit shall be by notice to the declarant, sent by certified mail, return receipt requested, or by hand delivery.
(d) Failure to comply with this section shall be grounds for action by a purchaser against the noncomplying declarant for rescission, damages or injunctive relief of for any other relief to which the purchaser may be entitled. No action may be commenced enforcing the rights contained in this section unless commenced and a notice filed on the land records within fifteen days from the date on which the purchaser signed a contract for the disposition of the unit which is the subject of the violation asserted. If any such action results in a final judgment or decree in favor of the party instituting such action, such judgment or decree may incorporate a provision for reasonable attorney's fees as specified in such judgment or decree, to be paid by the party against whom such decree is entered.
(P.A. 76-308, S. 30, 36.)
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-75. - Obligations of unit owners. Limit on liability of unit owner.

(a) Each unit owner, and the association of unit owners, shall comply with this chapter, the condominium instruments, and the rules and regulations adopted pursuant thereto. Failure to so comply shall be ground for an action to recover damages or for injunctive relief, or for any other relief to which the party bringing such action may be entitled. Such action may be brought by the association of unit owners against any unit owner or owners or, in any proper case, by one or more aggrieved unit owners on their own behalf or as a class action. If any such action results in a final judgment or decree in favor of the party instituting such action, such judgment or decree may incorporate a provision for reasonable attorney's fees, as specified in such judgment or decree, to be paid by the party against whom such judgment or decree is entered.
(b) No unit owner shall do any work which may jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement, right, appurtenance or other interest constituting a common element without the unanimous consent of all the other unit owners.
(c) Except in proportion to his percentage interest in the common elements, no unit owner, officer or director of the association shall be personally liable for (1) damages resulting from injuries arising upon or in connection with the common elements, solely by virtue of his ownership of a percentage interest therein; or (2) liabilities incurred by the association of unit owners, its directors and its agents.
(1963, P.A. 605, S. 7, 8; P.A. 76-308, S. 20, 36.)
History: P.A. 76-308 provided for compliance with chapter 825, the condominium instruments and any rules or regulations adopted pursuant thereto by each unit owner and the association of unit owners and provided for punitive damages for failure to comply.
Where plaintiff sought both legal and equitable relief, court had concurrent legal and equitable jurisdiction and the running of applicable limitation period barred both legal and equitable claims brought under section. 169 CA 21. Statute of limitations provided in Sec. 52-575 is not applicable to plaintiff's causes of action brought under this section, and are barred by the statute of limitations set forth in Sec. 52-576 or Sec. 52-577. Id.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-75a. - Resale of unit by person other than declarant.

(a) In the event of any resale of a condominium unit by a unit owner other than the declarant, such owner shall obtain from the unit owners' association and furnish to the purchaser, prior to the settlement date of the disposition, the following: (1) Appropriate statements pursuant to subsection (b) of section 47-87 and, if applicable, subsection (c) of this section; (2) a statement of any capital expenditures anticipated by the unit owners' association within the twelve months next following the date of the statement; (3) a statement of the status and amount of any reserve for replacement fund and any portion of such fund earmarked for any specified project by the board of directors.
(b) The principal officer of the unit owners' association or such other officer or officers as the condominium instruments may specify shall furnish the statements prescribed in subsection (a) of this section upon the written request of any unit owner within fifteen days of the receipt of such request.
(c) If the condominium instruments create any rights of first refusal or other restraints on free alienability of the condominium units, such rights and restraints shall be void unless the condominium instruments make provision for promptly furnishing to any unit owner or purchaser requesting the same, within fifteen days after the association acts on such request but not longer than forty days, a recordable statement certifying to any exercise, waiver of, or failure or refusal to exercise, such rights and restraints, in all cases where such exercise, waiver, failure or refusal does in fact occur. Failure or refusal to furnish such a statement within forty days after delivery of a written request by a unit owner or purchaser in accordance with the provisions of the condominium instruments shall make all such rights and restraints inapplicable to any disposition of a condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association of unit owners and every unit owner. No action may be commenced enforcing such right unless commenced and a notice recorded on the land records within six months of the recording of such conveyance.
(P.A. 76-308, S. 26, 36; P.A. 10-32, S. 142.)
History: P.A. 10-32 made technical changes in Subsec. (b), effective May 10, 2010.
Cited. 208 C. 318.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-76. - Allocation of profits and expenses.

(a) The common profits of the condominium shall be distributed among the unit owners according to the percentage of the undivided interest in the common elements or be credited to their assessments for common expenses according to the stated percentage, or be used for any other purpose as the association of unit owners decides.
(b) Funds for the payment of current common expenses and for the creation of reserves for the payment of future common expenses and funds for improvements, replacements and additions shall be obtained by assessments against the unit owners in proportion to their percentage interests in the common elements; provided any declarant who owns a unit occupied by a holdover tenant may increase the rent of such tenant only by the amount of any such assessment for the payment of current common expenses not already included in the rent.
(c) Except as provided otherwise by the condominium instruments, any expenses associated with the maintenance, repair, renovation, restoration or replacement of any limited common element shall be common expenses, provided no expenses for repairs or reconstruction of units which occur prior to the original sale of the unit by the declarant shall be considered as a common expense.
(d) To the extent that the condominium instruments expressly so provide, any other costs incurred by the association caused by the negligence or wilful misconduct of any unit owner or his licensee or invitees, or for a specific service rendered to a unit owner which is different from services regularly rendered to all unit owners, shall be specially assessed against said unit owner in accordance with such reasonable provisions as the condominium instruments may make for such cases.
(1963, P.A. 605, S. 9; P.A. 76-308, S. 12, 36; P.A. 80-370, S. 3, 9; P.A. 81-319, S. 4, 6.)
History: P.A. 76-308 made provision for the division of common profits and assessment of common expenses according to the percentage to undivided interest in the common elements and provided that damage caused by negligence or wilful misconduct shall be specially assessed against the unit owner causing such damages if the condominium instruments so provide; P.A. 80-370 added provisos in Subsecs. (b) and (c); P.A. 81-319 amended Subsec. (b) to clarify that the rent of a holdover tenant may be increased “only” by the amount of any assessment for common expenses not already included in the rent.
Cited. 208 C. 318.
Subsec. (b):
As assessment was valid and calculation to correct the apportionment to each owner was ministerial, defendant's argument that the assessment was invalid has no merit. 114 CA 233.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-77. - Assessment of common expenses. Liens and foreclosure.

(a) All sums assessed by the association of unit owners, but unpaid, for the share of the common expenses chargeable to any unit shall constitute a lien on such unit prior to all other liens, except only (1) tax liens on the unit in favor of any assessing authority and special district, including any state and federal tax liens, and (2) all sums unpaid on mortgages of record. Such lien shall exist from the due date of the assessment as established by the association of unit owners, and shall be perfected by filing a notice of lien signed by an officer of the condominium on the land records of the municipality in which the property lies, and by leaving a true and attested copy thereof with the unit owner against whom such lien is claimed or at his usual place of abode, or, if such unit owner resides outside the municipality in which the property lies, by mailing such copy to him at the place where he resides. Such notice of lien shall contain the address of the property, volume and page of record of the declaration, the name of the record owner of the unit, the unit designation, the amount due and the date when due. Such lien shall be limited and discharged in accordance with sections 49-39 and 49-40a. Such lien may be foreclosed by suit by the association in like manner as a mortgage of real property, and shall include reimbursement for costs and reasonable attorneys' fees. Any officer or agent of the condominium, acting on behalf of the unit owners, shall have power, unless prohibited by the declaration, to bid in the unit at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same in the name of the association of unit owners. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing the same.
(b) Where a mortgagee or a purchaser at a foreclosure sale obtains title to a unit, such acquirer of title, his heirs, successors and assigns, shall not be liable for the entire unpaid share of the common expenses or assessments by the association of unit owners chargeable to such unit which became due prior to the acquisition of title to such unit by such acquirer, but such expenses or assessments, if not fully satisfied out of the proceeds of such sale, shall become common expenses collectible from all of the unit owners, including such acquirer, his heirs, successors and assigns.
(1963, P.A. 605, S. 22; 1971, P.A. 813, S. 8; P.A. 76-308, S. 13, 36; P.A. 79-602, S. 130.)
History: 1971 act set the requirements for perfecting a lien by the association of unit owners; P.A. 76-308 provided the lien may be perfected by an officer of the condominium and that the lien may be foreclosed by the association of the unit owners; P.A. 79-602 substituted Sec. 49-40a for Sec. 49-40 in provision re discharge of lien in Subsec. (a).
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-78. - Owner may not exempt himself from liability.

(a) No unit owner may exempt himself from liability for payment of the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of the unit against which the assessments are made, except if every unit owner is so exempted from the payment of all or part of the common expenses.
(b) A declarant shall become liable as a unit owner for payment of his share of the common expenses commencing on the day of the recordation of the original declaration and shall remain liable for his share of the common expenses, so long as the declarant owns a unit in the condominium.
(1963, P.A. 605, S. 19; P.A. 76-308, S. 14, 36.)
History: P.A. 76-308 provided that no unit owner may be exempted from payment of common expense unless all unit owners are so exempted and further provided that the declarant shall be liable for payment of expenses so long as he owns a unit in the condominium.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-79. - Collection of taxes and assessments.

(a) Taxes, assessments, including special assessments, and other charges of this state or of any political subdivision, or of any special improvement district, or any other taxing or assessing authority shall be assessed against and collected on each individual unit, each of which shall be carried on the tax books as a separate and distinct entity for that purpose and not on the building or property as a whole. Neither the building, the property nor any of the common areas and facilities shall be deemed to be a parcel, but each unit shall be deemed to have an undivided interest therein and assessments against any such unit shall include such proportionate undivided interest. In the event the land or the building, including common areas and facilities, is separately owned, and leased to the unit owner for a period of not less than fifty years and such lease, duly recorded, provides that the lessee shall pay all such taxes, such unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be separately assessed and taxed in the name of the lessee.
(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.
(1963, P.A. 605, S. 20; 1971, P.A. 813, S. 9; P.A. 76-308, S. 15, 36.)
History: 1971 act provided for payment of taxes in a leasehold condominium by the lessee; P.A. 76-308 provided that no forfeiture or sale for delinquent taxes may be made except against the individual unit on which the taxes are delinquent.
Cited. 44 CA 517.
2023 Connecticut General Statutes › Title 47 - Land and Land Titles › Chapter 825 - Condominium Act › Section 47-81. - Accounting records. Availability of records. Loan disclosure and comments. Audit.

(a) The declarant and the association shall maintain accounting records according to generally accepted accounting practices. Such records shall include: (1) A record of all receipts and expenditures; (2) an account for each unit which shall designate the name and address of each unit owner, the amount of each assessment, the dates on which the assessment comes due, the amounts paid on the account, and the balance due; (3) a record of the actual cost, irrespective of discounts and allowances, of the maintenance of the common elements; (4) an accurate account of the current balance in the reserve for replacement and for emergency repairs.
(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.
(1963, P.A. 605, S. 18; P.A. 76-308, S. 17, 36; P.A. 07-243, S. 5.)
History: P.A. 76-308 required the declarant and the association of unit owners to maintain specified accounting records, provided for examination and copying of the records and provided for certified audits of the books; P.A. 07-243 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same to add provision re minutes of meetings and voting records of board of directors, replace provision re reasonable notice with provision re request of unit owner or agent and make technical changes, and by adding Subdiv. (2) re loan disclosure and comments.