Will Your Community be Ready for the Most Sweeping Statutory Changes in a Quarter-Century?
On July 8, 2009, Governor Rell signed into law, "An Act Concerning Amendments to the Common Interest Ownership Act."  This Act represents the most comprehensive overhaul of the laws governing condominiums in Connecticut in over twenty-five years. Boards and managers, brace yourselves for some major changes.
The amendments were drafted by a blue-ribbon panel which included condominium officers, managers, lawyers, and developers as well as representatives from state agencies and the banking and insurance industries. Their goals were to provide new rights to unit owners, grant associations additional powers, help resolve conflicts with developers, and clarify ambiguities under the existing statutes. After months of study and revision, the panel unanimously proposed, and the legislature unanimously approved, the Act on June 3, 2009.
Two important provisions will take effect immediately for all communities. First, Section 15 of the Act removes a major impediment to proposed declaration and bylaw amendments which, by their terms, require the consent of banks and others that hold unit mortgages. Since those mortgage holders are often unresponsive, the Act provides that their consent is deemed granted unless they affirmatively object within 45 days after being notified of most types of amendments. Second, Section 20 of the Act reverses the old rule that says an association cannot pledge future income (usually the right to receive monthly assessments as collateral for a loan) unless its declaration specifically so allows; this will now be permitted unless the declaration specifically so prohibits. Section 20 also authorizes the Board to invest the association's funds and deny privileges to unit owners who are delinquent in their assessments other than access to their own units, rights to vote and hold office, and certain critical services.
The other major provisions of the Act were given a delayed effective date of July 1, 2010 in order to allow association leaders and managers the time they will need to get ready for them.  Importantly, some of these changes will apply to all communities while others will apply only to those created on or after January 1, 1984. This is because Connecticut's 1976 Condominium Act is still on the books, and these newest amendments are only being made to the Common Interest Ownership Act, which supplements the Condominium Act as of that date.
The following changes in the law will apply to every condominium, cooperative, and planned community in the state, regardless of when it was created, beginning on July 1, 2010.
Several changes made throughout the Act will allow various types of notices to be sent and files to be kept in an electronic rather than paper format. Similarly, Section 21 of the Act will allow Board meetings to be conducted by telephonic or video conferencing so long as the unit owners are notified in advance and able to participate. Meetings of the unit owners can also be conducted in the same manner as long as the declaration or bylaws specifically so allow.
Section 21 of the Act will give the Board wide discretion to determine when, and when not, to enforce the association's rules against owners. As long as the Board does not act arbitrarily, it will be free to consider whether to act on a case-by-case basis without being accused of selective enforcement. This provision will also require the Board to notify the unit owners of legal proceedings in which the association is involved other than rule enforcement, collection, and foreclosure proceedings.
Section 32 will require that, before the association forecloses a delinquency lien on a unit, the owner must owe the equivalent of at least two months of assessments and the Board must have both demanded payment and authorized the lawsuit in a vote or applicable uniform policy. The association's "inchoate" (automatic and paperless) lien will be extended from two to three years, which means the Board can wait longer before resorting to foreclosure.
Section 25 will significantly change the procedures for meetings of the Board, its committees, and the unit owners. The Board and its committees must hold regular meetings at least twice annually, and a majority of the Board or 20% of the unit owners will share the president's power to call special meetings. The Board must give the unit owners meeting notices and agendas at least 10 days in advance, and make extra copies of any materials to be considered by the Board available to them as well.  Robert's Rules of Order will control unless the declaration, bylaws, or two-thirds of the unit owners say otherwise.
All owners will have the right to attend and speak at all meetings, with narrow "executive session" exceptions such as to allow the Board to confer with the association's attorney. The Board can act without a meeting so long as they do so unanimously, document the action, and notify the owners afterward.  The Act excuses violations of these new meeting procedures unless challenged in court within 60 days after the minutes are approved or notices are distributed.
Section 29 of the Act will clarify and expand the association's insurance responsibilities. It will be mandatory for all communities to purchase "fidelity insurance," which covers losses from criminal activity such as burglary, embezzlement, forgery, and computer fraud. For virtually all communities, this and the other types of insurance currently required (property, flood, and liability) will have to cover not just the common areas and original unit components, but all improvements and betterments of the owners as well. The declaration or Board can opt out of this latter requirement, but the unit owners must then be given a detailed inventory of the original unit components every year and in all resale certificates so that they can determine what they should insure themselves.
Section 31 of the Act gives the Board more power to shift the cost of repairing damage from the association to the person responsible for causing it. Although such losses not covered by insurance (such as the deductible) are common expenses, the Board can hold a hearing to allocate those losses to the owner, tenant, or guest whose "wilful misconduct," "gross negligence," or violation of written maintenance rules caused the damage.
records of the minutes and votes at all Board, committee, and owner meetings, decisions on unit owners' architectural and design applications, and all ballots and proxies going back one year.
This provision will also expand the unit owners' rights to inspect and copy the association's records. Except for a few litigation, employment, and other confidential documents, any unit owner can ask to inspect the information or that specific records be provided to him or her within five days. The Board need not compile or synthesize documents to comply with these requests, and can charge a "reasonable fee" for photocopying and supervising the inspection.
The contents of the resale certificates which associations issue to new purchasers have been expanded in Section 41 of the Act. They will need to identify all court and administrative proceedings in which the association is a party other than non-foreclosure collections, the number of units which are over 60 days' delinquent in their assessments, how many foreclosures the association has brought against unit owners in the last year, and how many of those foreclosures were pending at a particular time.  The certificates must also identify any original unit components to which insurance coverage will be limited as provided in Section 29 and any maintenance standards which the owner can be held financially responsible for violating as provided in Section 31.
Section 41 also changes the fees which can be charged for the resale certificate. A 2005 law had replaced a flat $75 fee with the association's actual out-of-pocket preparation costs capped at $125. The Act adopts the full $125 as a maximum flat fee plus either five cents per page for photocopying or $10 for an electronic format.
In addition to all of the new requirements outlined above, communities established in 1984 or later will also have to abide by the following changes in the law starting on July 1, 2010.
Section 16 of the Act clarifies that the "declarant's rights," which are the powers of the original developer to control the association and market units, can be deleted from the declaration after they legally expire. Section 23 will expand the Board's right to terminate the declarant's contracts from management services to maintenance, operations, and employment contracts and leases of recreational, parking, and other facilities. Section 39 will allow unit owners to sue the declarant for misleading public offering statements even if they had been delegated to others to prepare.
In response to the call from some developers for a "cooling off" period before they can be sued for construction defects, Section 38 of the Act will require that the association give them a 45-day opportunity to propose a repair plan before litigation can be filed. Statutes of limitation are suspended for so long as the plan is diligently implemented. Individual owners remain free to sue individually.
Section 16 of the Act will revise the procedures for amending the declaration, including that only those owners affected by a proposal may be permitted to vote on it and that the 67% approval threshold can be reduced to a simple majority. Section 22 will allow the declaration to entitle a governmental or charitable organization to appoint Board members, which may be useful in assisted living, subsidized housing, and other non-traditional communities. Section 36 of the Act will allow a majority vote of the unit owners to remove any Board member or officer, with or without cause, at a properly-noticed meeting after allowing him or her the opportunity to be heard, and will override any clause of the declaration or bylaws to the contrary.
Under Section 24, the bylaws must contain all provisions necessary to satisfy the requirements relating to meetings, voting, quorums, and anything else mandated by the Act, other laws, or the declaration. Note that a new definition in Section 1 of the Act makes clear that "bylaws" include any document containing the procedures for conducting the association's affairs, no matter what that document is called.
Several provisions in the Act will impose new regulations on voting procedures. Section 26 will clarify that a quorum established at the beginning of a Board meeting can be lost if members leave afterward. Section 27 will prohibit any one person from casting more than 15% of all of the association's votes with undirected proxies unless the declaration or bylaws allow it. This section will also abolish the prohibition against the Board casting the votes of units owned by the association, which in the past has prevented some communities from reaching quorum and minimum vote requirements. Finally, unless the declaration or bylaws say otherwise, this section will allow unit owners to vote on issues by referendum – that is, without a meeting – if paper or electronic ballots are distributed, they are given at least three days to respond, and at least a quorum do so.
Section 37 of the Act will clarify certain budget and assessment procedures. At least 30 days before adopting the annual budget, the Board will need to give the unit owners a summary that includes an explanation of how any reserves would be calculated and funded, and set a date between 10 and 60 days out for its consideration. The budget is deemed approved unless the unit owners to which a majority of the association's votes are allocated (not just those who attend the meeting) reject it. Special assessments will follow the same procedures except that no approval meeting is required unless it would exceed 15% of the prior year's budget. Emergency assessments can be implemented upon a two-thirds vote of the Board alone so long as the owners are notified promptly afterwards.
Section 37 of the Act will also prohibit the Board from pledging the association's future income as collateral for a loan without a unit owner majority vote, unless the declaration provides otherwise.
Scrutinize your declaration, bylaws, rules, and policies for provisions that contradict or ignore the Act's new requirements, and amend them as appropriate.
Research what equipment, procedures, and amendments you would need for electronic notification and recordkeeping, telephonic or video conferencing, and referendum voting.
Get a copy of Robert's Rules of Order, and read it. Develop plans for promptly and efficiently scheduling meetings, approving minutes, and distributing notices.
Update your forms, including resale certificates, proxies, maintenance rules, delinquency policies, and fee schedules.
Update your lists, including past and pending legal proceedings, unit vote allocations, mailing (and e-mail) addresses, and outside vendors.
Talk to your insurance advisor about fidelity insurance and any coverage changes needed for unit owner improvements. To opt out of the latter, start to inventory the units' original features.
Track down any missing association records and the several new types which will need to be kept. Â Determine where and how all of this information will be stored, organized, and made available for inspection.
Most importantly, educate yourself on the details of the Act and the other laws which govern your community. They are available at www.cga.ct.gov and will be the subject of a series of seminars for Board members and property managers organized by CAI over the next several months. Details about these seminars can be found at www.caict.org.
Adam J. Cohen is an attorney with the Law Firm of Pullman & Comley, LLC headquartered in Bridgeport, Connecticut. As the Chair of its Community Law Section, he represents and gives seminars to condominiums, tax districts, and other communities in matters ranging from revenue collection strategies to commercial disputes. He is also the author of regular newsletters with circulations throughout Connecticut called Special District Update andCondominium Update.
I live in a condo complex in CT. The BOD takes accurate minutes and publishes them on their website.
During regular assoc. meetings open to condo owners…one non-board member insists on tape recording the meetings (the person has no handicap.) Several owners who attend the meeting do not want to be tape recorded. CT is a "two-party" state. I know that refers to phone conversations…but at a regular (non-exec) meeting can we be recorded even though we do not give permission? The BOD does not tape record the meetings…just the one homeowner.
Dear John Doe- thanks for the question regarding the unwanted taping of condominium meetings. While we are not attorney's here at Northeast Property Group, we sure have dealt with a range of personalities and motives at condo Board meetings over the last 20 years as property managers. My personal opinion is that if anyone, be it Board member or Resident who "has the floor," requests not to be recorded while speaking, than certainly from an ethical standpoint, their wishes should be honored. However, I am not aware whether an owner at an Association meeting has an explicit legal right to record the meeting or someone against their will; for that I recommend the Board consult with their attorney. I'm sure a sound legal answer can be provided for a nominal charge.
Maybe more important is why the owner wants to record the meeting, and feels compelled to do so against his/her neighbor's wishes. If their motives are unclear, I may consider inviting this person to be more involved, maybe even join the Board, so that they can better understand the way the Association works.
Also, make sure the Association Secretary is recording good minutes…most attorney's will say that means recording (writing) who makes a motion and what the outcome is, not the in-between discussion.
We are a condominium complex of eleven individual unattached homes in Trumbull Ct. in a 55yr old or older senior community. We have a board made up of seven people, representing 46% of the homeowners. I am the president of the association and was told by a board member that if 75% of the homeowers elected to opt out of these new condo laws we could opt out. I hold in my possession 8 signed ballots to opt out. Can you tell me if this option is available to us.
Mr. Pacelli- thanks for your interest and posting your comment. It's good to see that you and the representative Board of Directors are reviewing these amendments and how they will affect your community.
Unfortunately, your question is a legal one and I would suggest you seek an opinion of a professional in that field to deal directly with your issue. However, I do have an opinion, keeping in mind your question is difficult to answer without seeing your community's articles of incorporation. Generally speaking, Public Act No. 09-225 which seeks to amend the Common Interest Ownership Act, will apply to common interest communities created on or after January 1, 1984. Portions of the amendment also apply to communities created before this date. Just as the current Common Interest Ownership Act applies to all common interest communities (created after 1984) by default, so too will the amendment. That is to say, even if your bylaws or declaration say one thing, the amendment will supersede it and you cannot opt out of the amendment if you are a common interest community. As a manager of numerous communities, I see first hand how the amendment will be a challenge for some communities to initially comply with, but also understand how these changes will benefit those same communities.
However, since this amendment is the first major changes since 1984, I would highly recommend checking with the Association's attorney for some sound legal advice because there may in fact be options for your community.
Good luck and thanks for your interest. Keep us updated.
Must the Management Company be licensed with the Dept. of Consumer Protection?
Larry- Absolutely and every manager must have an active real estate license as well.
Hi, Nice site! My question is can a unit owner sue in small claims courts for the BOD not following the rules? Example: Failure to keep or provide minutes to the unit owners on request.
Failure to open our swimmimg pool on time due to not finishing requierd health dept inspection findings. Example: Fence surrounding pool was damaged in Spring storm last year and not repaired as of this writing. Health dept will not allow pool to be opened.
I'm not an attorney, so don't take this as legal advice, but as many of us hear, in America you can sue for just about anything and it's fairly simple to drag someone, including a condominium association, into small claims. So the answer to your question, I would think, is Yes, an owner can sue an association in small claims. Whether it would be worth it is a whole other questio. As a manager, I would say litigation should always be a last resort.
Of the two examples you listed, the minutes are of more importance than the pool since they are the record of actions taken by the Board of Directors as they guide the Association. When a Secretary fails to keep minutes and/or provide them upon a written request it is a major failing of their duties as a member of the board. However, don't forget when you sue the Board, you're in essence suing yourself. You might be better off getting on the Board and effecting change in a more positive way!
I want to complain about Tall Woods Condominium, Groton, CT 06340 charges of $50 for supplying the owners with the rules of the association. Is that permitted? Banks are revising their rules for credit cards to comply with the new law but they are supplying it to the consumers free of any charge. Please advise. thank you.
Mr. Masih- thank you for the question. Management companies and associations in general are allowed to charge for producing documents for unit owners. Every new purchaser of a condominium receives a copy of the rules, bylaws, governing documents and a variety of other documentation as part of a resale package. If you misplaced that, the onus is on the unit owner to pay for a new set. Perhaps a good neighbor can lend their rules so that you can make copies on your own.
If the Board makes changes to the rules they are obligated to send those revisions out to the unit owners along with a meeting where owners can have an opportunity to comment.
What timeline does prompt repair define? I've been waiting for nine months on a leaking foundation, and I'm no closer to a repair now than I was three months ago. With winter around the corner, my patience has run it's course and I'm considering using my homeowners insurance to have it fixed and let them fight with the association about it after? What do you think?
If the board is in agreement with the same vendor who has stated he will not raise the price of his service for this year can we accept this without going out to bid. We are pleased with his service and wish to remain contracted.
Mr. Salerno- absolutely. The Board of Directors is not obligately to bid out services annually. I like to 'lock in' proven vendors with 3 year agreements (with a termination clause just in case) because of the added benefit of having known invoice amounts, familiarity with the property, efficiency of the workers and good communications to name a few.
Is there a rule saying that an association must give a copy of the master policy to a unit owner? My association is refusing to give unit owners a copy…thanks!
Patti- there is no specific rule about that, but as an owner in a condominium in CT you are entitled to review (upon reasonable request) nearly all association documents, which includes insurance and most financials. Certain exceptions are documents involving personal privacy and some litigation.
If you can't get a copy of what you need from the Board or management company, contact the Association's insurance agent and request a certificate of insurance to start, then talk about other documentation you may be seeking.
Thank you for your quick response! I was able to get a copy of the certificate of insurance, but the unit owner's haven't been told yet if the association is opting in or out so we need to know exactly what we need to insure our own units for! We will start by asking the association to make the policy available to us for review.
No problem Patti. They way the new statute works with regards to insurance is this: until your Association formally adopts a standards list of insurable items and publishes that list annually, by default the insurance policy will cover the Unit and any betterments made over the original construction standard. In other words, the statute was written to opt-in by default unless the Association decides otherwise and does so in writing with an annual update. Therefore, your personal HO6 insurance policy would not have to insure Unit betterments, just personal contents and up to the Association's insurance deductible.
Thanks for visiting our site and posting your question.
Can a condo association take a budget vote by email ????????
Steve- I haven't encountered this yet, but I believe there are ways to accept electronic proxies/voting. Whether this is applicable to budget votes depends on your bylaws and the process by which the votes are accepted. I would recommend checking with an attorney, but the process would need to be more formal than simply accepting emails as a cast ballot.
Sorry I can't be of more help here.
We are a condo of only 8 units. The Association was established in 1973. We haven't got a management company per se, but rather pay a single individual who is a license contractor, a modest monthly fee to work with the Treasurer and President to pay bills, help prepare budgets, solicit bids on projects, oversee repairs, and generally supervise the needs of the association. Does he really need a real estate license to do this? We have had management companies in the past and they have been disasterous for us as a small association. We always got taken care of last and the delivery of services paid top prices and services were generally unsatisfactory in each case.
Also, we were told in the past that an association of 8 or less units had less restrictive operating requirements. Is this still the case?
Hi Judith and thanks for visiting our site.
Your contractor, who is acting as a community association manager, does need to be licensed by the state of CT since he is not a member of your homeowner's association. More information on licensing of Community Association Manager's is available on the department of consumer protection's website here: Community Association Manager Licensure in CT. If you haven't done so already, you will want to get a written agreement between your manager as well and make sure he is bonded, either through the Association's policy or his own.
Regarding Association's of 8 Unit's or less: I'm not aware of less restrictive operating requirements for Associations of different sizes in CT. You may wish to consult your attorney with a more specific question.
This is a very helpful website. My husband and I own a unit in Danbury CT . We are a young couple and recently moved out into a house. We rent out our condo. I just got home to see notes from a board meeting and it informed me that the association would like to make the building a 55 plus living community. Our concern is that this will limit our ability to rent our unit and lower its property worth because it will only be available to people over 55.
I know that many people in the building are renters and the building is a mix of old and young people. Are there any laws that can protect this from happening? Should we have the opportunity to vote? Would you recommend me starting a petition?
Any information you could give me would help!
Andrea- this is a complex issue and you'll probably want to engage an attorney in helping you navigate this process as it pertains to your particular association. My thoughts should not to be construed as legal advice, but generally any change like this would require a 2/3 approval vote at an owner's meeting called for that specific purpose and at which a quorum is present. A petition would not be of much use at that meeting, but could be useful to dissuade the Board before it got to that point. If the meeting does end up being called, make sure you and your neighbors attend; if they can't show up have them designate you as their proxy.
Our BOD would like to conduct Executive Session Meetings with board members only attending just prior to the Board Meeting with all the Unit Owners. The purpose of the meetings is to discuss potential bids and items which will be voted on during the full Board Meeting. Is this permissible under the new State Rules.
Is it mandatory for a condo association to carry D&O coverage on their master policy?
Yes Patti, I'm not sure if D&O is mandatory by law but it is HIGHLY recommended as it protects the Board from legal claims based on the the way the Association is run. It's typically a small slice of the insurance pie and gives Board members some piece of mind from petty lawsuits while serving the Association since D&O will usually provide legal defense in the event of a lawsuit. And remember, a lawsuit doesn't have to be warranted; an owner can sue for any perceived issue and the Association would be left to pay for that defense.
Thank you so much for your response! I am so happy that I found this site as it's helped me so much!
My management company will not let me contact a vendor that performed a mold report. Is there any precedent that will allow me to force any contact? I can't help but feel that the report is bad. The vendor won't respond due to his contract with the management company.
I own a condo in Southbury Ct.
I was told that BY LAW ,I have to have my fireplace flue and dryer vent inspected. Is this true?
Rich- it's possible your Association passed a maintenance standard requiring annual inspection / cleaning. This is perfectly legal and advisable if you frequently use your fireplace and dryer. If for some reason you use neither, you may be able to provide documentation stating as such and the Board would waive the requirement for your unit.
I am fairly new to condo living but have moved into a 55 and older community in Prospect. A question has come up as to whether the BOD is obligated to allow unit owners to speak at the BOD sessions. From what I can determine it has always been customary for owner to have time to speak at these meetings but was not sure if this was a legal requirement? I know that in Executive Session the owner are excluded but was concerned with the open Board meeting.
Mr. Wells- thank you for visiting the site and posting your question. A Board of Directors in CT is required to allow a session of unit owner comments at each meeting. The session time may be limited by the Board, e.g. 5 minutes per owner, and a response is not required immediately, but the opportunity to be heard at each meeting is part of the recent amendments to the CIOA statue.
Was he right to say so?
A.B.- Thanks for visiting our site and your question.
As a manager I've encountered your issue several times before, with varying outcomes. I think it is always prudent to meet or call the landscaper to see if they will acknowledge damaging/impacting the property. If the damage looks new and is consistent with the date and time the property was being mowed, most reasonable contractors will admit the mistake and correct it as a cost of doing business…even with no witnesses. The important thing is to at least have a dialog with the contractor and see where the conversation can go, just don't expect a brand HVAC unit, especially if it's already 12 years old.
Thank You so much for very professional and quick response.
I am living in the small townhouse condo and I am planning to install Air Conditioner Split System and going to install outside block on the front of my townhouse (right between my entrance door and my window ).
Can they prohibit my to install Air Conditioner under the stipulation that it is Environment Friendly and has Energy Star Certificate instead old one inside the building.
Thank you for visiting our website and posting your question.
Many condominiums have different regulations, but most require that a Unit Owner receive Board approval prior to making any alterations or additions to the common elements, which is where it sounds like your new HVAC unit would sit. For this reason, the Board of Directors would have the ability to deny your request. My suggestion is that you stress that the new installation will be professionally done, pose no risk to the building's structure and that your efforts can be used as a model for others in the complex to help reduce their electrical usage without significantly altering the exterior appearance of the building (assuming this is the case). There's no guarantee, but I think this approach would be your best bet.
Do condo associations need to change their bylaws to conform to the new amendments? Several CT attorneys are charging $2,000-3000 to change the bylaws, placing a financial hardship on some associations. I realize that associations must comply with the new regulations but is it manditory to change the bylaws?.
Getting back to your question, as far as I know, it is not mandatory for an Association to amend their bylaws to be compliant with the new regulations. If a conflict or discrepancy exists, the statute is the ruling factor. For this reason, it can be smart for an Association to update their documents for consistency and clarity with the statute, but not necessarily immediately. It can also depend on the quality and date of your Association's documents since some are just much better than others.
I have a few questions, i live in a condo complex in east haven. I've noticed every building except mine it seems has been resided and the roofs have been redone and according to notices it was slated to be done summer of 2009 along with other buildings. All the others have been redone, but my building hasn't been. Is this normal or ? Im asking per your experience as a manager, cause im curious if im being singled out, or my building in general. I do pay me fees on time every month.
Also, if the bylaws state im responsible for the interior, does that included behind the walls and studs? (even though i share walls with people behind me, and on the side). For example I took down paneling in my subbasement and theres tons of mold behind the studs the paneling was nailed to. It is behind some plastic sheeting, but not entirely and im not sure how far up it extends, as my condo is three stories. So i'm curious as to my responsibility, mainly also cause my duct work is in the walls and one seems to be closed off cause no air comes thru at all.
Also, if my condo is "settling" as the manager told me regarding cracks running up my walls (no matter how many times i fix and paint it, it always comes back and has another on the other side of the wall), doorways shifting, stairs coming away from wall, all the stud nails are popping out, one window is slightly slanted when closed along with a slider that is also slanted when closed, etc., as a property manager have you ever known a place to do all that and its just settling? To me i have a structural issue, but im no expert and i'm told its my responsibility. I know its hard to answer without my bylaws, but i'd like your opinion if you have a chance, thank you.
Many condo associations have projects that are done in phases and it's possible your building is in the last phase. The bottom line is you won't know the answer unless you ask your representative board either by written communication or attending the next board of directors meeting (owners are allowed to come and comment).
As for owner responsibility, I can't give you a guaranteed response without seeing the Declaration for your property. Many condo documents are written as "studs in" or finished surface in," meaning the owner is responsible for only those items inside that boundary. Other items outside the boundary may still be your responsibility to maintain or replace if it's allocated only to your unit, e.g. ductwork, telephone wire, electrical etc.
Settling is an issue that has been coming up a lot lately for many condominiums. There is no one-approach-fits-all, but if you have a structural issue that can be verified by a physical engineer (PE), than often times an Association will have to take steps to remedy the problem. Again it will depend on the governing documents and the exact nature of your issue, how it arose, etc. Whenever someone complains to me about a settling crack or popped nail heads, I want the owner to have it repaired by a professional service as part of regular unit maintenance, then if it recurs in a certain time frame I might take a closer look at the problem.
Sorry I can't be more specific, but hopefully that gives you an idea of how to proceed.
I understand that before the new amendments to the condominium law, a condo association could charge a unit owner for flood insurance. Is this still true under the new changes to the law? We have two units in a flood zone according to FEMA. We took out flood insurance to cover them and our insurance agent said we had to pay for the insurance and that the unit owner could have to reimburse us. Now we are not sure if this is the case under the new condo law. Please advise. Thank you.
Caroline- thanks for the question. I'm not that familiar with flood insurance being assessed only to those affected units, which may be something specific to your Association. I would recommend you contact your association's attorney and review the insurance agent's recommendation so that you come to the right conclusion.
Do the new condo laws of 7/1/2010 also apply to individual free-standing units that have been required to purchased a homeowners policy (HO3) versus the condo (Ho6) policy?
Suzy- thanks for visiting Northeast Property Group. I don't know the answer to your question based on the provided information.
Is there a recommended or required percentage of annual income that should be in an emergency reserve fund? Our association had one, was forced to completely deplete it and still needed additional assessments to cover several calamities that occurred back-to-back in about 1 years time.
Now, some time has passed, we have recovered from all the bills, and started building a new reserve. We are wondering if there is a recommended standard we should aim for during the next several years. We do believe that the management companies involved wasted a portion of the reserves and have taken steps to correct that, and as soon as reasonable we will regain our original reserves as a minimum to begin with…..
A percentage seems a good way to begin planning ahead……eventually a reserve study can be done, but going from $50,000 to zero, to $76,000 in debt, and then back to a positive $20,000 is a roller coaster that we want to avoid. A minimum recommended goal would be helpful, and then we can spend a little to have a reserve study focus on where we are and would like to go……it seems premature right now as everyone had to tighten their belts to get thru the crisis and only so much can be done at a time.
Brenda- thank you for posting this great question. There is no clear cut answer, because a lot will depend on the DNA of your property: age, condition, size etc., however, new lending requirements are providing properties a great starting point. Most government backed home mortgages, like FHA, are requiring that condo associations have at least 10% of the total annual budgeted income set aside as reserve contributions. So this is your base line and short term solution.
I would then strongly recommend hiring a reserve analyst to evaluate your individual community so that the Board can intelligently budget for future capital projects, because often times 10% is just not nearly enough. As a property management company with 20 years of experience in the real estate industry, I could make several recommendations.
If your community is in search of property management services, don't hesitate to contact us at 860-437-7005 or by going through this website. Much of our business is through word of mouth referrals and developing relationships during community projects, even answering questions from visitors to this site.
My husband and I live in a condo association in Bristol,ct.I have been told by a lot of people that the association needs to file taxes every year and they need a tax ID number.Now if they have not got one what should I do?
Hi Angela- Thanks for your question. A condo association is a corporation and just like any corporate entity in CT, it needs to file a tax return along with other business filings. When the association was created by the Declarant, it would almost certainly have a tax id and other CT registration information. If the association is newer I would look into the legal firm that filed the governing documents to get that information. If it is an older Association, a good accountant familiar with condominium association should be able to assist with figuring out the tax id. All of these items are things that I perform myself or coordinate as a property manager for Northeast Property Group.
If your community is in search of HOA management services, don't hesitate to contact us at 860-437-7005 or by going through the contact form on this website. Much of our new business is through referrals and by developing relationships in the community, even answering questions from visitors to this site.
Love this site! I am an officer on the board of my association.
Our treasurer charges $75 for resale documents and pockets the money. Is this allowed if all costs to produce the documents is out of her pocket? I am afraid to let her know she can now charge $125. No other officers receive any compensation.
Secondly, our master condo policy has a $2,500 deductible and because of a recent ice dam, one unit has water damage which may cost only 2,000 to repair. Can we require this unit owner to file a claim on his unit policy and we pay his smaller deductible?
The unit owner's where my mom lives have sent around a petition to vote the current president off the board. This president is saying that the petition is invalid because not all of the unit owner's 'signed' it. Some printed their names, some put their signatures. They all put their unit numbers next to their names. Do you know if this president is correct? Is the petition invalid because some of the people printed their name rather than putting their signature?
Hi Patti- Thanks for your question. The question about your mother's Association is not quite as straightforward as signing a petition and certain peculiarities can exist within the Bylaws of each particular homeowner's association. So in effect the President is correct but not exactly for the right reasons.
I think within the CIOA statute there is a standardized way of removing a board member and that is by a two-thirds vote at a meeting of the unit owners at which a quorum is present. The key is to make sure the meeting of the unit owners is properly noticed and that no one person holds more than 15% of the proxies for that meeting. If the Board refuses to a call a meeting of the unit owners, there is usually a way for a majority of the unit owners to do it themselves.
The owners at your mother's association should verify this information with an attorney as it relates to her specific association's governing documents.
Are there statewide rules defining "occupants" of a condo unit? Do they have to be related(married couples, partners) and can they be renters?
Occupants are usually defined as a single family with no more than two overnight guests per room. This is usually defined within the parameters of your local building code.
Some condos have restrictions on renters based on how long you've owned the unit and the number of current renters. Most also require a minimum one year lease.
I am a Board member of a 50 unit complex in Branford. Our manager has told us that according to the new laws as of July 1, 2010 that the Board members are not allowed to see the financials regarding payment by unit owners of their condo fees. In other words, only the Management company is allowed to have this information. The Board does not know who is current and who isn't. We have had more than 10 owners deliquent with their fees totaling thousands of dollars. How are we supposed to manage our property if we are not allowed to see the cash flow every month? I can't believe that this is logical or helpful for anyone.
Could you confirm this and please tell me the Section of the new law that this is discussed in?
Ms. Dowling- thank you for your question. To be blunt: the information that the property management company is giving you is incorrect.
The Board should investigate why they are receiving poor management and possibly solicit help from the Association's attorney if you suspect intentional deception. In many cases, it's just a matter of the management company not being well enough educated on the evolving condominium laws in CT. Property manager's definitely aren't perfect and all-knowing, but a good manager will take the time to double check their sources and thought process if something like this is called into question.
I suspect the management company is incorrectly referring to privacy concerns that restrict certain unit account status information from entering the hands of non-board members, but this has no bearing on the Board. To the contrary, the Board has a fiduciary responsibility (that the management company is hired to assist with) to the Association in making sure fees are collected to every legal extent possible and that includes knowing which units are delinquent and by how much, and when those accounts need to be referred to the attorney.
This type of misleading information would never come from a reputable company that strives to educate it's employees and has years of experience in managing community associations like Northeast Property Group does.
If you think your association will be seeking new management, don't hesitate to contact me at 860-437-7005 or by going through the contact form on this website.
had ice/water damage in Jan. 2011, severe interior damage.
Some repairs done, others have not.
5 months of residing in an upside down condo, contents & furniture sit in the midst of each room.
Where can I get some legal help to know my rights & to get repairs completed?
I have left my name, phone no. & brief message to CT Consumer Protection & attorney Gen. office but they have not returned my call.
I beleive that 5 months is much too long to be patient.
Mim – Thank you for your question. Many communities across New England had similar water damage issues that you describe. However, I bet most have been remedied by now. I would recommend asking for the insurance agent's information, a claim number and the name of the adjuster so you can contact them and try to speed things along. If you get no satisfaction there, you may consider hiring an attorney after you've advised your representative Board that you intend to do so and the reasons why. If you have good written documentation of each step you've taken, the Board will be more inclined to see the issue from your perspective and take faster action. At the very least, you will have opened a dialogue with the Board and know where they stand on your issue.
Thank you for reply, Chris, on 6/17.
I did leave a voice message for the Adjuster of the name given to me , expressing my dissatisfaction with the unreasonable period of wait time ( 5+ months ) for total repairs.
Also for his lack of attention to the claim.
My Condo manager as well as the Contractor have told me that they also, have continually attempted to contact the Adjuster but he does not reply to their text messages, phone calls, e-mails.
I did contact an Atty., ( also 3 others & they all tell me to work with the Condo) & he did make a call to my Condo manager but she is telling him the same as she tells me…The Insurance Co. hasn't given them any money as of yet & they did take some money from our Assoc.reserve fund to do the urgent repairs, putting insulation, ceilings walls back together.
They told the Atty. that they expected to have the work started & completed within the next week or two.
I've been hearing this same tune for the past 4+ months.
He did not suggest my going ahead with his services & I'm not in a position to pay an unexpected huge amount of money to retain an Atty.
I also beleive that it is most unfair that I would need to do this as it was proven to be their neglect.
Seems as though no one cares to tangle with Insurance companies or at least, this is the impression that I'm getting.
Has sure been a rocky road for me having to deal with the devestation.
Hi, the new law (see below) requires that there will be a notice send of board meeting to unit owners. My board has not send any notices of board meeting since they adopted this law. Is my board in violation of the law and what can I do about it. Thank you.
Mr. Elliot, thanks for your question. Providing Unit Owners notice doesn't actually require a mailing of the agenda. Many properties I manage just post an agenda, schedule, etc. on their HOA website (which we provide) or others will post that info on the community bulletin board. That seems sufficient to satisfy the notice requirements in the new statute. If your board is not doing that, you should talk to them and remind them of the new changes.
I also had sever damage due to this past winter. An adjustor came out and inspected the damage back in January. Since then nothing has been done. The property manager for my association says he has not received the adjustors estimate of the damage and etc. It has been ongoing chaos. To cut the story short and get right to my question, we are now in July and just a few weeks ago the property manager says that although he still has yet to receive the adjustors' report, he has received the money from the insurance company. However, he is now saying that he cannot cut us a check personally but he has to pay the whatever contractor we have fix our home directly. This does not make any sense to me and my husband. We are the owners of this condo and we feel that we are entitled to the money and then we should be able to pay the contractors that we choose to do the work. They are now trying to tell us that by law they are not allowed to give us the check personally. Both my fiance and I are in law school and the lawyer I am interning for tells me that this is not true. Can you please help me and let me know if we are entitled to receive a check directly, or if they are correct in saying that they must pay the contractor directly!!
My husband and I live in a two unit side by side condo. Our neighbors (2 women one of which is autisic) who moved in the unit next door about a year or so after we moved in are totally obnoxious and demanding (this would be the non autistic one). To make a long story short, We are struggling to make ends meet and we do mostly all work around the property ourselves to keep our common charges affordable. This woman has been nothing but trouble for us for the last 3 years and we're about at the end of our rope with her. We've had our Attorney (who we've had since we moved in) write her a couple of letters, but he does not want to be involved with such nonsense that we go through with her, nor does he ever get back to us when we have a complaint about her. We have such generic bylaws etc., which really doesn't let us know what our rights as Board Directors of the Association. She makes demands on things that she thinks she has rights to and doesn't and when we want hire a company to power wash the outside of the building she refuses to give her consent, therefore we can't have it done which is making "our" home depreciate.
Here's our dilema….We can't get any answers on what our rights are because our lawyer doesn't want to be bothered and we can't afford another. This woman constantly harrasses us, but not in a violent way, just aggravated harrassment and being a nusance with her demand because she wants her and her austistic aunt to be the president and secretary of the association and we don't feel she's entitled because she's a very shady woman and her aunt is not capable of being anything with her disability. She does NOTHING around here to help out. She wanted responsibilities to do her share of helping out around the property and we told her what she could do and she either has our neighbor across the way do it or her autistic aunt. All she does is DEMAND DEMAND DEMAND….I have repeatedly called the police on her for her obnoxious behavior and they don't even want to be bothered because it's all a civil matter.
So, the lawyers don't want to be bothered, the police don't want to be bothered. Can't take things into our own hands so where do we go from here. Have just enough money in the Association account to pay for the daily bills and insurance, can't afford to raise the common charges right now due to this economy…Everything goes up except our paychecks. Can't afford another lawyer who will probably not want to be bothered either so how do we handle this situation other than selling our unit because we won't make any money on it and that's what the neighbors would want. My dad built these units and I will not be run out of my home because someone next door wants CONTROL…We abide by the bylaws etc. What gives her the right not to???
Teri- thank you for visiting Northeast Property Group and posing your question. Two unit associations are notoriously difficult. Unfortunately this question is very specific and beyond the scope of this blog. I would recommend reviewing your governing documents to see what means of enforcement you have against your neighbor and seeking the assistance of an attorney that is interested in helping. For anyone else out there, be aware that very small condominium associations have unique issues as exemplified above. Be sure to do your due diligence when purchasing.
Hello, I posted a question above on July 14th. I would really appreciate any input and advice as I'm in a real dilemma here.
Yesenia- thanks for your question. I believe that your property manager is acting properly, but it does depend in part on your association documents. Many Declarations include sections on insurance, including how to handle insurance proceeds. I'm not an attorney though, so my comments shouldn't be construed as legal advice, but the Association received the funds as the insured and the manager has a fiduciary responsibility to the Association to ensure those funds are utilized to restore damaged areas. The opportunity for misuse of these funds increases when the funds are just handed over to the unit owner. For example, the owner may choose to not make the repairs after receiving the funds, they may choose a contractor that departs partway through the project, or maybe the restoration ends up costing double…all these are potential scenarios that your property manager would be left handling.
I think the real issue is that the damages are still in need of repair almost 8 months later and you have every right to be dissatisfied with that level of service. I know the CT insurance industry was heavily overburdened with last winter's ice damming though, so begin documenting your situation and try to get firm repair dates in writing. You should also contact your insurance company for your HO6 policy and explain the situation. I've seen some HO6 policies make interior repairs and then go after the master policy. My last insight is if the insurance company already paid out the claim, then it was probably adjusted already.
Considering your husband and you are in law school, it should be pretty easy to get a good legal answer from an attorney practicing real estate law, and maybe one that specializes in condominiums. Report back how it goes.
How rigid do associations have to be in implementing the new condo laws? We have always been above board with our owners. Do we have to mail out notices of meetings, or can we put a flyer in their doors, and post notices on our bulletin boards? Can we do straight up and down votes on issues, or do we have to vote to reject our budget. It confuses our unit owners.
Cathy- thanks for posting your question. I think you and your Board are doing a good job of meeting the notification requirements stipulated in the amended common interest ownership act. Posting meeting dates and agenda items on the bulletin board is all many associations do.
As far as voting, I would check your bylaws, but typically there must be a motion to reject a budget and a majority of all owners must vote 'aye' on the motion, otherwise the budget is ratified. It's counter-intuitive I know, but those are the rules. On other issues, it's usually motion to approve and a vote. Some items will require different majorities, quorums etc., though, so check your docs.
PS- If your community is in search of HOA management services, don't hesitate to contact us at 860-437-7005 or by going through the contact form on this website. Much of our new business is through referrals and by developing relationships in the condominium community, even answering questions from visitors to this site.
I live in a condominium community where the board meets monthly, and then there is an annual unit owners meeting once a year in the fall. Under the new condo laws, does the rule requiring that property owners have 10 days' notice prior to a meeting extend to these monthly board meetings or just to the big, annual meeting? If it's the former, then our property management company is not in compliance and I would like to request that they get on the ball. Thanks, in advance, for your insight.
I'm the executor for my fathers estate which includes the condo he lived in. He has been paying a monthly condo fee in which part goes towards flood insurance. Back in April his mortgage holder did an evaluation and determined that the flood insurance that the association has was insufficent and therefore force placed flood insurance.
We are currently under contract to sell the condo and the buyer has been forced by her bank to pay out fees to have the flood insurance issue assessed. She has asked that my fathers estate pay for it. This assessment will also benefit the condo association as a whole. I feel that my fathers estate is not responsible for this fee and that the condo association is? Also, I feel due to the fact that I have to pay for individual flood ins I should be reimbursed the portion of condo fees that is suppose to go towards it?
Hi Maria- thanks for posting your question. Having just dealt with your issue at another association last week I'm more familiar now with this issue than most. The new flood maps released by FEMA are just being reviewed by mortgagors and the insurance companies. In some cases, zones have changed raising premiums and in other cases, building limits have increased as well. This can be a little counter-intuitive to owners because although home values have decrease, the cost to rebuild and the risk factors being used by the insurance companies are causing policy limits (and therefore premiums) to rise. It's a complex formula for sure, but the bottom line is, the Association in most cases is responsible for insuring 100% of the value of the building, which includes flood insurance, and the other commercial packages.
I would recommend carefully reviewing your father's insurance section of the Declaration to see what overages the Association is required to maintain and then contact the representative board and insurance agent to get the ball rolling.
I live in a condominium community where I was told the board meets monthly, and then there is an annual unit owners meeting once a year in the early Spring. Under the new condo laws, does the rule requiring that property owners have 10 days' notice prior to a meeting extend to these monthly board meetings or just to the big, annual meeting? In the past when I asked if I could attend the monthly meetings I was told that to attend, I would have to send in an agenda item as the board meets in a board members home and they could not just allow anyone to show up. Is this legal?
Mark- thanks for posting your question. Board meetings are open to the ownership except during executive session. Each meeting will typically include a short period at the beginning for the Board to hear owner comments. The new changes do require that the Board provide notice for the meetings. To achieve this, many associations we manage will post a 12 month schedule of meeting dates and a default agenda and bring an extra set of materials in case an owner would like to view them at the meeting. Not all association's do this however and it usually depends on the community and the involvement of it's members. It sounds like you should try joining your board to help them meet the changes to the CIOA.
My husband and I currently own a condo in Guilford that we rented out as of May 2011. During Hurricane Irene there was no power for a week, apparently our renter left the faucet on (which wasn't working due to having well water) and ended up flooding the entire condo! Our insurance company did an estimate for the work as did our condos insurance company. We were told that our contractor would be able to start work in October so that the condo would be finished by November for our renter to move back in. It is now the end of December and nothing has been done bc the President of the management company is holding the insurance money and is now requesting separate invoices for every single project done. He is very difficult to get in touch with and tries to avoid us all the time. We are trying to abide by his rules but every week he comes up with a new request. He is also now asking for a key so he can check on the work being done. We have looked his name up on the CT Court website and came across lawsuits for insurance fraud.
We just want to the the condo repaired correctly and can't believe what we have been through since September. How much of this do we actually have to take and what rights do we have?
It just seems absurd to me that this man has the money to fix our condo which we own and he doesn't have to give us anymore to get the work done until he wants to.
Does a ct. Condo property manager have to use licensed contractors when fixing walls in a condo due to leaks and mold and requires new sheetrocking? Does the indoor paint job require licensed painters? The property manager has agreed that it is the associations fault and hired a company that is not licensed.
Carol- while it's a good business practice to always hire licensed and insured contractors, it is not always necessary for certain repairs, like painting for example, if the individual repair is less than $200. I don't know the particulars of your situation, but you can research more information on the state of Connecticut's Department of Consumer Protection website here: .
PS- If your community is in search of HOA management services, don't hesitate to contact us at 860-437-7005 or by going through the contact form on this website. Much of our new business is through referrals and by developing relationships in the condominium community, even answering questions on this site.
I hand deliver my common charges to the Management Co.. Since I hand delivered them in the grace period, I stupidly did not request a receipt because I felt that my check was the receipt. The management Co. did not record the payment until one or two days after the grace period and are now assessing me late charges ($150 total – $25 per). This has happened a couple of times and I have declined payment of the late charges because I am not paying for someone else's sloppiness. They have now had a lawyer send me a letter and a bill for the attorney's fees.
My question is this, Can the management Co hire an attorney without first advising me or giving me a "period to cure". In other words, letting me know that if I don't pay the late fees they will hire an attorney and I will then be subject to the attorney's fee. This is a requirement with regard to kmost debts.
This condo is in CT and my feeling is since they hired an attorney without following the "period to cure"… they should be subject to the legal fees, not I. Do you know if there is a CT statute or where I can follow-up if you are not sure. This Management Co has been making my life miserable and it has actually made me hate living in a condo…..even worse…my common fees help to pay their salaries. I never envisioned that I would be tortured by the "people who are supposed to be working for me".
If you recall, last winter was fairly rough and in the midst of the winter because of the large accumulation of snow on the roofs…..approximately 30 of our units leaked. The Assn. hired some people to clean the roofs. The result was that the people they hired (apparently, less than qualified) sent the snow and ice careening down on my rather expensive patio furniture and broke it. When they finished, there was such an accumulation of snow and ice that I could not even see the broken table.and chairs until the Spring.
In the interim, we were sent a Special Assessment to cover the cleaning of the roofs and the interior damage suffered by the 30 units. A Special Assesment was issued woithout even knowing how much would be covered by insurance.
I ann case, when I went to the Board to advise that my property had been damaged through neglience. The Board advised me that they made a decision not to cover damages to property on the decks. My insurance co. will also not cover this damage. My feeling is that since the Condo Assn.did not advise us that the roof cleaners were coming through and they did not have the roof clreaners remove the furniture from the deck, it is the Condo Assn. that is negligent with regard to the destruction of my property.
To add insult to injury, I get to pay the bill for these roof cleaners and I get to pay for everyone else's repairs but my own property stays damaged. Just so that you are aware, my furniture was covered and the cover was completely shredded.
I am probably going to sue the association for negligence but I was curious if there is a precedent or law with regard to this as relates to my small claims law suit.
Thanks for whatever help you can offer..
Most condo associations have a collection policy in place. In fact, I believe this a statutory requirement. You should ask your Board/management company to see a copy of it first to check whether you met the criteria which would have warranted sending your account to the attorney. You should also request a hearing before your representative Board of Directors at the next scheduled meeting to discuss your allegation that payment was hand delivered on time and that it was the management company's failure to process it before the late date. Our company policy is different: we stamp every piece of correspondence the day it is received, whether mailed, delivered or left in the drop box. I am surprised that given what you stated that the management company wasn't amenable to working this situation out with you. That's why it's important to talk to your Board as well.
Your second question about personal property damage, is unfortunate. While it shows a lack of common sense by the contractor, I'm not sure anybody is liable for your personal property except you. This is why residents are encouraged to carry an HO6 insurance policy: to protect among other things, personal belongings like a patio set. I'm a little surprised your insurer didn't help out in this case. Whether you have basis for a lawsuit, I would talk to an attorney. If nothing else, you have a reason to bring in the patio furniture in the fall.
If your community is in search of HOA management services, don't hesitate to contact us at 860-437-7005 or by going through the contact form on this website. Much of our new business is through referrals and by developing relationships in the condominium community, even answering questions on this site.
Is there a law in the state of connecticut that requires an HOA to give you a grace period for your HOA dues just like a mortgage grace period and if so how many days an HOA must give you before applying a late fee.
Dave- to my knowledge there is no law about minimum grace periods. Most association's adopt their own policies and they can vary.
It is my understanding that finanical reporting requirements for Condominium Associations in Conn. must conform to GAAP (Generally Accepted Accounting Principles). My association has not had a 'Capital Expenditures Report" available for review and distribution to all unit owners in nearly 25 years!
Each and every annual audit report I've seen makes mention of this fact (Our Association Is operating without a Capital Expenditure Report) in the "comments section".
Surprise special assessments during these economic hard times have caused several units to be foreclosed upon in an effort to collect delinquent "Special Asssessments". Without a Capital Expenditures Plan there is no way unit owners have sufficient lead time to plan accordingly!
Is it or is it not a violation of the law to impose capital expenditure special assessments without a plan?
We need help here. We had our board election at our condo complex. One vote was a write in and the board can't find it. Someone threw it away and another one, with a vote ,was put in it's place. The owners wanted to see their write in and the board can't find it. How do we know they didn't change other votes. Does this warrant a new election because it was breached? They counted theirs as a vote for someone they did not vote for.
Please help with some advise.
Hi Linny- I would request the Board to call another owners meeting. If they don't and there enough resident's as concerned as you are, your documents probably specify what it takes for a group of owners to call an owners meeting without the Board's approval.
with 3/4 of the reserve money? We keep asking them to get out and place in cd but they refuse.
have a right to a legal litigation after requesting to get out of the stock market.
Appreciate your views on how many condos truly gamble like this in stock markets.
Linny- never heard of this and think it's a terrible idea. I'd check with an attorney about the legality of this as well. I'm pretty sure this may violate some basic fiduciary responsibilities the Board has.
I currently own a condo in Stamford. I purchased the unit in 1994 and then rented the unit starting in 2004. The condo bylaws state that no more than 3 units may be rented at any given time (there are 19 units). At the time I rented the unit, there were two units rented, making mine the third. The tenant has lived there for almost 8 years and has decided to move. I have since refinanced (with cash out) and can not afford to move in myself as a principal residence. The bylaws also state that in order to rent a unit, an owner must be on a "list", and when a person no longer rents his unit, then the person at the top of this list is eligible to rent his unit. He/She is given 90 days to rent the unit and if it is not rented before that time, then this person is dropped from the list and the next person on this list can rent their unit. I contacted the Property Manager and requested a copy of this list. The response was that there are currently five units that are rented, which violates the bylaws. I asked when all 5 units were rented and the dates. I've received no response. I think the so called list is non-existent. I need to rent my unit when the tenants move out. If I simply ignore the current situation and rent my unit after the current tenants move, what recourse does the Property Management or the Homeowners Association have against me, given that they have already violated the bylaws. I know that two wrongs don't make a right, but I'm in a situation where I must rent my unit within a short period of time or face foreclosure or must sell the property. Any suggestions ? I would appreciate any comments. I am considering seeking counsel on the matter. Thank you in advance.
What charges can you bring against a board member who is getting perks and so much work done from our landscaper. He is so afraid of loosing this account he spends so much time over there and gets special treatment that others do not get. This board member does not pay for all these x-rays. Can us unit owner ask her to resign from the board or can we all press charges? The landscaper confirmed all this to 2 unit owners and one board members. Please help!
Does Ct. commercial condominium have to have a President, Secty, Treasurer and a vice president.
Prior to release of resale package? Even in short sale situation?
Mr. Bologna- thanks for your email. I'm not 100% sure on the copy charges, but yes to the $125 fee and time of payment is usually a company policy. We take typically take payment at the time of pickup.
If your community is in search of HOA management services, don't hesitate to contact us at 860-437-7005 or by going through the contact form on this website. Much of our new business is through referrals and our relationships in the condominium community…even by answering questions on our site.
I live in a mixed use association with 165 condo and 26 single family homes, with assessments based on square footage including garage and unfinished basements per declaration made in 1989.
Voting is equal with one vote per unit / house. Does law provide for voting based on assessment percent? Can hoa fees be changed to be split equally?
G.L. It all depends on the verbiage in your condominium documents. Some even allow for percentage voting on budgets but a single whole vote on board members. or other Association issues. Typically however, it's usually either based on a percentage, like livable square footage, or as a single vote per unit. Hope that helps answer your question.
Did the State of Conn. past a law several years about the amount needed to be placed in reserves for Condo Assoc.? If so where can I find a copy?
Hi Kim- thanks for visiting our site. I'm not aware of a requirement for reserves, however, most lenders will look to see if at least 10% of the total operating budget is being contributed to the reserve fund, before writing a loan. Therefore, I always strongly recommend to my Board's that they consider this as a bare minimum starting point.


text:
LifeFood & Drink
There's A New 'Best Bar in Asia'
Singapore's Jigger & Pony, and more.
Meet The Best Bar in Asia and The Best Bar in Singapore. Photo: Asia's 50 Best Bars
Sponsored by Perrier, The 2020 list of Asia's 50 Best Bars was announced over a virtual awards ceremony in May. The fifth edition of the annual ranking features eight new entries and sees Jigger & Pony clinch the top spot and take home The Best Bar in Asia and The Best Bar in Singapore awards.
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50 Best soldiered on to publish the 2020 list to provide recognition to the bars' and their teams' hard work over the past year. It's also a great way to instill optimism and positivity within the bar industry as the continent begins to reopen in the midst of lockdowns due to the COVID-19 pandemic.
For the first time, Asia's 50 Best Bars also announced a series of special awards to these fine establishments that successfully made their way to this year's prestigious list.
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Four Season Hotel Kuala Lumpur's eclectic cocktail bar nabs this special award for the second time. Bar Trigona serves intricately crafted concoctions using indigenous and sustainable ingredients. Whether it is a small-batch of raw honey from an organic farm in Negeri Sembilan or wild turmeric harvested in Pahang or tropical fruits from a Bangi organic farm, the ingredients are all locally sourced.
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Patrons are warmly ushered into the hotel bar, which is inspired by the 19th-century Golden Age of cocktails and fine drinking. The craft cocktail journey extends to its unique rickhouse, used to finish whiskies and spirits, and to age bitters and single-cask cocktails.
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Founder, Jay Khan saw a gap in the market for a bar specialising in agave spirits and decided to open the Mexican-inspired cocktail bar in 2017. His vast experience of spending over 10 years at renowned bar spots in Melbourne, Macau and Hong Kong inspired him to share his repertoire of artisanal cocktails using a wide range of Mexican spirits with his patrons.
No Sleep Club, Singapore – Campari One To Watch
This accolade was presented to a rising-star bar selected by the organisers of Asia's 50 Best Bars as having the potential to break into the list in the future. This newcomer is spearheaded by bartenders Juan Yijun and Jessica Hutchinson. The all-day bar and restaurant exudes a welcoming laid-back ambience and is known for its selection of innovative cocktails.
#4: Indulge Experimental Bistro, Taipei – Heering Legend of the List Award
The venue's owner, Aki Wang has established himself as one of the leading lights of Taipei's bustling cocktail scene. Sealing a stellar reputation for injecting a distinctively Taiwanese twist to international bar trends, the purple-lit bar is where one can enjoy creative cocktails using liqueurs that are made from hand-picked native teas.
#22: The Old Man, Singapore – London Essence Best New Opening
Following the success of its flagship in Hong Kong, The Old Man's first overseas branch opened in Singapore in 2019. The unique bar concept draws inspiration from Ernest Hemingway's iconic 1952 novel. Helmed by head bartender and managing partner, Andrew Yap, the cocktails pay homage to Hemingway's favourite libations, each executed with an Asian touch.
#21: Bee's Knees, Kyoto – Disaronno Highest New Entry Award
Furnished with a secret entrance and dimly lit interior, this speakeasy bar is inspired by the 1920s Prohibition era that helped them create a hidden haven. Drinkers get to enjoy an array of Roaring Twenties cocktails that are crafted with an inventive twist, as well as off-menu specials such as the John Lennon-inspired Strawberry Fields.
#13: Bar Mood, Taipei – Highest Climber Award
This joint is a serious craft cocktail cove where the art of ingredient-focused Japanese bartending is combined with the speed and efficiency of American drink-making. Taiwanese whiskey, along with Japanese whisky and gin, are the key players, which are built into a menu rich in local ingredients like goji berries and countless tea syrups, from oolong to jasmine to pu'er.
Will High-End Dining Spots Survive The Pandemic?
By Amylia Hilda
"I'm Sorry," Says Fashion Critic Zaihani Mohd Zain
By Andrea Tim
Tata Harper: The Rise In Clean Beauty Brands
By Lira Jamaluddin

redpajama_set_name: RedPajamaCommonCrawl


text:
Medical News & Perspectives
Backlash Over Meat Dietary Recommendations Raises Questions About Corporate Ties to Nutrition Scientists
Rita Rubin, MA
JAMA. 2020;323(5):401-404. doi:10.1001/jama.2019.21441
The Challenge of Reforming Nutritional Epidemiologic Research
John P. A. Ioannidis, MD, DSc
Improving the Quality of Dietary Research
David S. Ludwig, MD, PhD; Cara B. Ebbeling, PhD; Steven B. Heymsfield, MD
It's almost unheard of for medical journals to get blowback for studies before the data are published. But that's what happened to the Annals of Internal Medicine last fall as editors were about to post several studies showing that the evidence linking red meat consumption with cardiovascular disease and cancer is too weak to recommend that adults eat less of it.
Annals Editor-in-Chief Christine Laine, MD, MPH, saw her inbox flooded with roughly 2000 emails—most bore the same message, apparently generated by a bot—in a half hour. Laine's inbox had to be shut down, she said. Not only was the volume unprecedented in her decade at the helm of the respected journal, the tone of the emails was particularly caustic.
Diet Ethics Guidelines Lifestyle Behaviors Nutrition
Rubin R. Backlash Over Meat Dietary Recommendations Raises Questions About Corporate Ties to Nutrition Scientists. JAMA. 2020;323(5):401–404. doi:10.1001/jama.2019.21441


text:
package uk.ac.ebi.microarray.atlas.model;

/**
 * @author pashky
 */
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        return accession;
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        return name;
    }

    @Override
    public boolean equals(Object o) {
        if (this == o) return true;
        if (o == null || getClass() != o.getClass()) return false;

        DesignElement that = (DesignElement) o;

        if (!accession.equals(that.accession)) return false;

        return true;
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    @Override
    public int hashCode() {
        return accession.hashCode();
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redpajama_set_name: RedPajamaGithub


PROP Office & Staff Hours Staff have office hours Monday through Friday from 8:00 A.M. to 4:00 P.M. and extended hours on Wednesday from 4:00 P.M. to 6:30 P.M. We do not currently have weekend hours. Indicate your availability below. Please be as specific as possible.


Electron correlation and multielectron effects are fundamental interactions that govern many physical and chemical processes in atomic, molecular and solid state systems. The process of autoionization, induced by resonant excitation of electrons into discrete states present in the spectral continuum of atomic and molecular targets, is mediated by electron correlation. Here we investigate the attosecond photoemission dynamics in argon in the 20-40 eV spectral range, in the vicinity of the 3s(-1)np autoionizing resonances. We present measurements of the differential photoionization cross section and extract energy and angle-dependent atomic time delays with an attosecond interferometric method. With the support of a theoretical model, we are able to attribute a large part of the measured time delay anisotropy to the presence of autoionizing resonances, which not only distort the phase of the emitted photoelectron wave packet but also introduce an angular dependence.


text:
Agriculture Fishing & Forestry
Computers Communication & Electronics
Public Utilities & Enviornment
YEG News
Near (Neighborhood)
» News » David Staples: Greta Thunberg gracious and articulate in Alberta but needs to do more homework on climate change
David Staples: Greta Thunberg gracious and articulate in Alberta but needs to do more homework on climate change
Swedish climate activist Greta Thunberg joined about 8,000 Edmonton youth, climate activists, and community members outside the Alberta legislature in a climate strike on Friday, Oct. 18, 2019.
Shaughn Butts / Postmedia
It was a gracious Greta Thunberg in Edmonton on Friday, composed and articulate, forceful on the need for action on climate change, even as she came off as unaware of obvious solutions.
In her speech to a crowd of thousands at the Alberta legislature, Thunberg was savvy and polite enough not to wade into partisan Canadian politics before Monday's federal election, let alone lash out against Alberta oil and gas.
Instead the famous 16-year-old climate change activist from Sweden implored people to take action to prevent catastrophic climate change. She sounded grateful to deliver her message at the Edmonton event.
"Thank you for the wonderful reception I have received here in Alberta," she said. "People are so kind."
Thunberg's speech came off without interruption, free from catcalls from the civil Canadian crowd, even as it was peppered with folks holding pro-oil and gas signs.
"We are doing this," she said of her regular Friday climate strikes, "because we want the people in power to unite behind science.
"We teenagers aren't scientists, nor are we politicians. But it seems many of us, apart from most others, understand the science because we have done our homework."
While Thunberg exalted science, her speech was short on answers. Perhaps some more homework is in order. There are numerous brilliant scientists and public policy experts now putting forward such solutions. Near the top of that list is Andrew McAfee, whom I've read up on in recent weeks, part of my own ongoing homework on this topic.
McAfee, a principal research scientist at the MIT Sloan School of Management, is the author of More From Less: The Surprising Story of How We Learned to Prosper Using Fewer Resources — and What Happens Next.
If science tells us the world is in trouble, science is also giving us the way out, McAfee argued in his book, as well as on a recent podcast with a leading American public intellectual, Sam Harris.
The most developed parts of the world are moving from a voracious and rapacious industrial economy to a second machine age, based on computers, where we continue to grow our prosperity but are treading more lightly on the planet, McAfee told Harris.
"We finally invented this (computer) technology that lets us find all of these different ways, all of these over-lapping complementary ways, to get more from less, to get more prosperity from less metal, less fertilizer, less water, less cropland, less of all of these material inputs to the economy."
This transformation has been driven by private industry, which is hugely motivated to cut down on its use of raw materials in order to increase profit, McAfee said. "Capitalism is this voracious thing, it's a relentless quest for profits. The flip side of all that, and where the news starts to turn good, is it's also a voracious quest to save a buck. A penny saved is a penny earned."
McAfee pointed out a story about our drive for efficiency, which came from a retired newspaper reporter. The reporter was going through old papers when he came across a Radio Shack ad from 1991. There were 15 gizmos in the Radio Shack ad, but 13 of them (from cameras and video recorders to cordless phones and answering machines) had vanished, each incorporated into one small device, the modern cellphone.
The next necessary change is the adoption of nuclear energy, McAfee said.
New Generation 4 reactors are being designed to use the radioactive waste from old plants as fuel and to be melt-down proof.
"I think the current distaste for nuclear energy is not grounded in evidence and is serving us really, really poorly, especially in an over-heating world," he said. "We have one power source that is clean, green, safe, scalable and somewhere near cost efficient and we're running away from it around the world. This is lunacy to me."
McAfee doesn't have Thunberg's mass audience, but perhaps he and others in the eco-modernist movement can win her attention. She came across in Edmonton as bright, open and motivated. To date, she's been somewhat sour about nuclear energy, but perhaps she's been getting out-of-date information from folks still rooted in thinking from the 1980s when nuclear energy was demonized by groups like Greenpeace.
Thunberg implores adults to act, but they are acting. She can play a huge role by championing their best ideas.
Activists would do well to made good on their promise to accept science by embracing innovative technological solutions.
Our openness to adopting nuclear is where the climate change battle will be won or lost.
dstaples@postmedia.com
October 19, 2019 | YEGlocal
Financial & Legal (184)
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Peak Hydronics
Appliance Repair In Edmonton GoTech
Immigration Nation – Professional Immigration Consultants
The Pediatric HeadShape Clinic – Edmonton
Keller Communications
YEG Friends
David Staples: First Nations don't need sympathy, they need oil and gas partnerships November 6, 2019
David Staples: The bitter and sweet of the Holes selling their greenhouse business November 4, 2019
Edmonton company gets $100K grant by Bill Gates to develop blood cancer treatment method November 3, 2019


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Press Releases · What We're Reading
Statement from Barbara Lee on the passing of Mayor Tom Menino
Barbara Lee Political Office (BLPO) | 10/30/14
"The City of Boston and our entire state lost a giant with Mayor Tom Menino's passing today. He was a friend, a leader, an icon, and my hero. Boston is the shining city on the hill, and we owe much of that legacy to Tom Menino's light. My heart goes out to his loving wife, Angela, his family, his former staff, and his entire extended family of Boston. What I most admire and will always remember about Mayor Menino is his steadfast commitment to equality. He worked to create a level playing field for every family in every neighborhood and ensured women have a seat at the table. May his values continue to inspire us."
Barbara Lee Endorses Martha Coakley for Governor
"Martha Coakley has a potent combination of qualifications and likeability. She cares deeply about people, and she gets results. She has the compassion and devotion to public service that Massachusetts voters deserve," Lee said. "People know she has a strong record of protecting children, fighting for families, focusing on jobs, and leading the charge for equality."
Barbara Lee Endorses Charlotte Golar Richie for Boston Mayor
"Charlotte Golar Richie is a unique voice in the race for Boston Mayor. She has the vision and experience to propel Boston forward," said Lee, an early and ardent Golar Richie supporter. "She is a proven, qualified leader, and she will bring her results-driven, in-touch sensibility to the role of Mayor."


text:
IceWings, SeaWings, Hybrids,
Content (SalvationTheIceAndNightWing)
Algae the Hybrid
Creator SalvationTheIceAndNightWing
Coding by Modern
Art by Fly!
Main Attribute Love of melodies
Elemental Attribute Water
Theme Animal Dolphin
Theme Color Green
Theme Song High Hopes
Orientation Straight
Occupation Song producer
Tribe Sea/Ice
Goal text
Residence Stonewell
Nicknames Al
Relatives text
Allies text
Enemies text
Likes Singing, dancing, laughter, melodies, harmonies, colors
Dislikes Violence, cruelty, mob gangs
Powers and abilities Frostbreath, breath underwater
Weapons Peaceful dude
Ships Trench X Algae
Salvation's OC! A sorta-adopt from Wolves Heart
While Algae has a stocky build, he still can be described as tall. He has an IceWing head and horns, along with a spiked tail. He has the aquatic markings of a SeaWing and gills and aquatic markings as well. On his back his scales merge to make more of a fin, and he has large spikes on his wings.
Algae is mostly a sea-green color with the exception of blueish scales on his legs, darker green spikes and a pale stomach. The undersides of his wings are the same color as his stomach, and his claws sport the same dark green as his horns.
Algae wears a water proof pouch around his neck that carries a pencil and a pad of paper. He normally brings along some unfinished songs or uses it to collect seashells at Stonewell's shore. Algae also wears two wristbands on his front legs that are made out of silver.
Algae normally rests at a relaxed position. Tail flicking leisurely, wings hanging neatly but contently. His usual expression is a soft grin, matching his patient and caring eyes. He likes to sit with his wings tucked to his side, and likes lounging by the shore, letting the waves lap over him.
Algae is a very calm dragon with a quick smile and soft laugh. He tries to see the good in every situation, and is a wonderful listener. He has a drive and a passion for music- producing song lyrics, singing and playing instruments. He owns a drum set, flute and viola, and can play all of them with acute mastery.
Algae is peaceful, protesting against hate and violence. He also can be stubborn, though, but in more of a polite and persistent way. Algae cares a lot about his work, and about the dragons who appreciate the arts. He is generous, would give the food off his plate to those less fortunate than himself.
Algae is also very sweet, and can make anyone laugh, even when they are feeling down. He knows what to do to cheer someone up, because he is very observant and good at reading other dragons.
Of course, no one is perfect. Algae can be overly passive, accidentally letting others take advantage of him. While against violence, he would protect those he loves if it ever came down to it.
Algae can also be a bit extreme with his passion, forgetting to eat when in the middle of writing a song, or losing track of time. He also is a bit nervous on how others would respond to his work.
Nontheless, Algae is able to cope with his nervousness, because whenever he begins to play an instrument, or sing a song, he is lost in the melodies and the only thing that becomes important is the music itself.
Algae has the privilege to be born to a wealthy family. His mother's name is Seagrass and his father's name is Blizzard. They met each other in Stonewell and settled, Seaglass making a living off of diving for pearls and selling them, and Blizzard manufactures weapons and armor. Algae was raised by a loving family, and was able to attend the local school.
He found out about his love of music at the age of five, when he attended his first music class in school. They were learning about rhythm and pitch, mostly the basics. Algae fell in love with melodies and songs- instruments and the creation of music. Throughout his years in the elemen school, he took as many music classes as possible.
He accumulated three instruments over the coarse of Elementary. His favorite, the drums, a flute and the viola. He is mostly self taught, but his parents allowed him to go for private lessons for a year. After practicing and practicing music, he decided to put his voice to the test. Now, he is not the best singer, but his voice does have a sweet rumble to it. He mostly sticks with instruments, but he does enjoy singing.
After completing Elementary school and moving up In the grades, he would go to local restaurants and be paid to play an instrument for classical entertainment. He had enough money to sustain himself, but he wanted to find a more stable career. His biggest dream is being a music producer for a hit singer, and maybe having them rise to fame. Heck, who knows? Maybe Algae could play his drums in the background.
Thats when Algae heard the rumors. Apparently, sometimes at night an angelic voice could be heard singing at the shore, near the abandoned light house. They called the singer The Siren, but no one knew who they were. Algae was dying to hear the voice, hoping it was as good as the rumors said. Three nights he walked to the shore, listening for a song. On the third night, he heard the voice. Beautiful, powerful and real. Algae was amazed. He knew right then and there he had to meet them.
He walked down quietly to the source. As soon as he got within five yards the voice quieted. Algae called out a nervous "hello?" And looked around the rock he stood behind. Behind the rock was aSea/Sans hybrid, who looked flustered and a bit panicked. Algae asked if it was her singing, and she answered, a little defensively, yes.
Algae went on to tell her how amazing her voice was, and if she wold like to sing some of the songs he had produced. Obvi embarrassed now, she told him she never learned how to read. Algae instantly offered to teach her, and she agreed but still was a little weary.
They began to meet in the lighthouse, Algae teaching her how to read. It turned out her name was Trench, she was part of a dragonet Gang. He got that information a little later on. Trench explained how the gang was like family, but none of them knew she liked to sing.He understood why she didn't tell them, but Algae was also confident that Trench could be famous, and he offered to help.
For months, after Trench got the basics down for reading, Algae would play the drums, flute or viola to Trench's singing, and would write music with her. Gradually, they became amazing friends- no longer was Algae mainly interested in producing for a potential celebrity, but more interested in being with Trench. Soon enough, Algae started to fall for her, and was to scared to tell her that. He has not told her still, and they are both still busy working on songs and confidence.
Seagrass(Mother)- Seagrass loves her son and his drive, but feels exasperated by him sometimes. Algae appreciates the love but wishes she was more supportive. He has not told her about Trench yet, because Algae knows she will disapprove of them working together, since she believes Algae won't be able to succeed in his dream, and she also hates any gangs, Seagrass would probably throw a fit.
Blizzard(Father)- Blizzard wanted his son to be a solider, and was very disappointed when Algae told him about his music dream. Blizzard sort of stopped talking to his son, and paid way to much attention to his work, disregarding his family. Algae does not speak to his father anymore, and is quite upset by how his father reacted.
Trench(Singer)- Where to start? From the moment Algae met Trench he knew she was special. From her gorgeous voice to her sweet laugh. Her fiery spirit but also how modest and nervous she could get. At first Algae was mostly thinking about his career, but now he just wants to be near her, that's enough to make him smile. He is making music and coaching Trench mostly for her now- Algae knows how much she likes the Gang, and knows how much money she could make off of singing. If he can help her be a star, she could get enough money to take the Seaside Gang out of poverty. Seeing her smile after that would be enough for Algae.
-"My dream is for the soft melodies in the breeze to be heard."
-"The voice of an angel is no match for yours, Trench"
-"I can not tell you how much I love music. Every tune, every note- all of it."
Actual algae (not my image)
By Fly!
Headshot by The Wolves Heart!
Algae by Laceyrocks!
Algae's aesthetics by Droplet
By ModernTsunami
Algae by PastramiTsunami
By TwilightWoF
</div> </div>
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