So, someone plunks down $400k on a condo and doesn’t check to see whether the condo association communicates what it does in writing? State Senator Bob Duff D-Norwalk and State Rep Mike Lawlor D-East Haven would like you to believe there’s a huge problem out there because condo owners might have to hire a lawyer to settle disputes. From the Advocate:
About five years ago, McGinness formed a coalition of fellow condominium owners from Norwalk and Stamford to push lawmakers to provide them more rights.
Typically, a condo owner with a grievance has no recourse but to hire a lawyer, she said.
A bill pending before the state legislature would create an eight-member Connecticut Community Association Commission within the state Department of Consumer Protection.
Appointed by the governor, the group would have the authority to investigate and resolve complaints lodged against condominium associations and their governing boards.
The commission would have subpoena power and the ability to impose civil penalties.
The bill has the backing of state Attorney General Richard Blumenthal, who testified in favor of the legislation yesterday before the General Law Committee.
Blumenthal said yesterday the rights of condominium owners are “all too frequently disregarded.”
Chuck McConnell, president of the Lansing Meadows Condominium Association in Greenwich, said he liked the idea.
“I think it could be helpful to have some kind of situation where (a dispute) could be reviewed short of going to litigation,” McConnell said. “When you have disparate people and the only thing that connects them is they have property with a common area, there’s plenty of room for misunderstanding and argumentation.”
State Rep. Michael Lawlor, D-East Haven, is a condominium resident and co-chairman of the legislature’s Judiciary Committee.
Lawlor said the idea of a Community Association Commission is not a bad one as long as it can field plenty of complaints.
“Theoretically, if you don’t do it right they’re going to be swamped on Day One,” Lawlor said. “You’ve got to structure it so they’re not completely overwhelmed.”
Lawlor plans to present other oversight options at a March 19 meeting of the Judiciary Committee, including reviving last year’s proposal to license property managers; establish an office of state condominium ombudsman; and grant Blumenthal’s office greater authority over condominium associations.
Lawlor said state government has a responsibility to become more involved in monitoring condominium associations.
“In a lot of ways the condo association is like a city council, and the property manager is like the mayor. . . . They assess taxes and have elections. . . . And if you really aren’t paying attention a lot of bad things can happen in your little community, secretly and fraudulently,” Lawlor said. “If it is like a government, they ought to play by the same rules.”
Last year, the General Assembly expanded the rights of condominium owners and renters. Association boards must provide written copies of proposed budgets before a vote and notify residents two weeks in advance of the details any proposed loan agreements.
Condo owners or renters also would have the right to examine and copy any records kept by their associations.
State Sen. Bob Duff, D-Norwalk, who helped shepherd the laws through the General Assembly last year, said there is plenty to do.
Duff said when he distributed a mailing to area condo owners, “it just opened up a floodgate of frustration.”
The problem is that condo associations are a creature of the people who live in the developments. And people who choose that form of housing are responsible for not only the condo association, but also for the decision they made to move into a form of housing where they own only their unit and not the land, or the exterior of the buildings. With many condo developments approaching that magical age of 30 years in use, repairs, maintenance and improvements can be costly. Which is leading to some rather interesting problems.
For example, should a new buyer be on the hook for a full share of replacing the roof on an entire development? Should upcoming maintenance or repairs be disclosed to potential buyers? The answer to those questions should be asked long before someone makes a decision on purchasing a condo, since it is a different financial decision than purchasing a single family home.
I’m all for more openness, reporting requirements, transparency etc. But to set up a governmental entity to review condo association complaints, that seems excessive. That’s what civil litigation is for.
source: Advocate, Condo owners seek more power, By Brian Lockhart, March 7 2008
