Homeowners associations (HOAs) manage many planned communities in Connecticut. Various local, state, and federal regulations as well as governing documents oversee HOAs in Connecticut.
Who Regulates HOAs in Connecticut?
In Connecticut, HOAs are regulated by the Connecticut Common Interest Ownership Act found in Chapter 828 Section 47 of the Connecticut Statutes. This act governs owners of units in a community that contributes to common element expenses.
HOAs are also regulated by their own governing documents. The governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations. However, all HOAs are different in what documents they may or may not include.
HOAs in Connecticut may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- Connecticut Condominium Act
- Connecticut Nonstock Corporations Act
- Connecticut Human Rights and Opportunities Law
How to Find HOA Regulations in Connecticut
Certain HOA documents are public records when the HOA records its business as a proper entity. HOAs must record a certificate with supporting documents to the land records office where the property is located. To obtain these records, visit the local land records office.
HOAs that are incorporated are required to file articles of incorporation and other annual reports with the Connecticut Secretary of State. These records can be accessed by anyone on the Business Search website or in writing directly with the agency.
HOA Powers in Connecticut
In Connecticut, HOAs have the power to:
- Regulate common areas
- Collect charges for common elements
- Collect payments for common assessments
- Levy reasonable fines
- Foreclose on a home for unpaid liens
Also, HOA governing documents can grant more powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Connecticut?
In Connecticut, HOAs can impose fines on a homeowner for common elements, late fees for unpaid assessments, and violation of any HOA rules or regulations. The notice, amount, and type of fine will be determined in the HOA’s governing documents.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Attaching religious items to the entry door or entry door frame
- Installing electric vehicle charging stations
- Installing satellite dishes and antennas
- Displaying the American flag so long as it is consistent with federal flag law
An HOA’s governing documents may include reasonable regulations and rules about the placement, manner, and display of any of the items listed above.
Can an HOA Take a Homeowner’s House in Connecticut?
In Connecticut, HOAs can take a homeowner’s house by foreclosure from unpaid liens. The HOA cannot take action on a lien unless the amount is equal to at least two months’ worth of assessments.
When bringing an action to foreclose, the HOA has to give at least 60 days’ notice to the homeowner. The notice must include the total amount of unpaid assessments, an intent to foreclose, the association’s contact information, and ways to pay the fines.
An HOA can evict a homeowner for unpaid assessments and foreclose on the home. An HOA can also evict tenants during the process of a property being recorded as an association. Additionally, if the homeowner is leasing a tenant, the HOA may be able to evict the tenant.
For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA. In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Connecticut?
In Connecticut, HOAs can enter the homeowner’s house as reasonably necessary to maintain common elements or shared utilities. Common elements are the shared spaces around the units owned by the HOA, such as landscaped areas. Shared utilities may include A/C, heat, or electrical systems.
Before entering a property, except in the case of an emergency, an HOA should give prior notice to the homeowner. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Connecticut?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Connecticut Commission on Human Rights and Opportunities, the U.S. Department of Urban Housing, or file a private lawsuit in Connecticut state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint with the Connecticut Department of Consumer Protection, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate jurisdiction by filing a claim.
Joining and Leaving an HOA in Connecticut
In Connecticut, if a person purchases a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. This can include paying mandatory fees and restrictions. At closing, the homeowner’s realtor should present them with documents explaining the HOA and its rules.
A person cannot leave or opt-out of an HOA when one oversees their property. To depart from an HOA, the homeowner can sell their house or petition the HOA to have their home removed from the association. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Connecticut
The governing documents may contain the process for dissolution of an HOA. If it is not, a vote by at least 80% of HOA members must agree to terminate the HOA.
If members vote in favor of termination, the HOA must draft a termination agreement that is to be recorded in every county where the property is located. The HOA is considered fully dissolved once the termination agreement has been recorded.
Sources
- 1 Conn. Gen. Stat. § 47-204
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(e) (1) If a cooperative was created before January 1, 1984, the association may, pursuant to this section, record a certificate on the land records signed by the president of the association and attested by its secretary, or signed by such other persons authorized to act on behalf of the association by the instruments creating or governing the cooperative. The certificate shall contain or have attached as exhibits… (F) If the association is incorporated: (i) A certified copy of the current certificate of incorporation of the association; (ii) a certified copy of the last annual or biennial report of the association filed with the Secretary of the State; and (iii) a certificate of good standing for the corporation issued by the Secretary of the State within ninety days of the date of the recorded certificate…
Source Link - 2 Conn. Gen. Stat. § 47-244
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…(6) May regulate the use, maintenance, repair, replacement and modification of common elements; (7) May cause additional improvements to be made as a part of the common elements… (10) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subdivisions (2) and (4) of section 47-221, and for services provided to unit owners; (11) May impose charges or interest or both for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association…
Source Link - 3 Conn. Gen. Stat. § 47-258
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(i) In a cooperative, on nonpayment of an assessment on a unit, the unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a tenant, and the lien may be foreclosed as provided by this section. (j) The association’s lien may be foreclosed in like manner as a mortgage on real property.
Source Link - 4 Conn. Gen. Stat. § 47-230a
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(a) No person may prohibit or hinder the owner, lessee or sublessee of a condominium unit from attaching to an entry door or entry door frame of such unit an object the display of which is motivated by observance of a religious practice or sincerely held religious belief.
Source Link - 5 Conn. Gen. Stat. § 47-261g
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(b) On and after October 1, 2022, any provision of the declaration or bylaws that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a unit parking space or limited common element parking space, or is otherwise in conflict with the provisions of this section, shall be void and unenforceable.
Source Link - 6 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 7 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 8 Conn. Gen. Stat. § 47-258
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(m) (1) An association may not commence an action to foreclose a lien on a unit under this section unless: (A) The unit owner, at the time the action is commenced, owes a sum equal to at least two months of common expense assessments… (2) Not less than sixty days prior to commencing an action to foreclose a lien on a unit under this section, the association shall provide a written notice by first class mail… Any notice required to be given by the association under this subsection shall be effective when sent.
Source Link - 9 Conn. Gen. Stat. § 47-290
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(a) During a transition period, a conversion tenant may be evicted from a converted unit only for a reason which would justify eviction under subsection (b) of section 47a-23c. (b) After a transition period ends, a conversion tenant may be evicted for any reason permitted by law, including expiration of the tenant’s lease, unless protected by section 47a-23c.
Source Link - 10 Conn. Gen. Stat. § 47-249
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(a) Except to the extent provided by the declaration, subsection (b) of this section or subsection (h) of section 47-255, the association is responsible for maintenance, repair and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.
Source Link - 11 Conn. Gen. Stat. § 47-202
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(9) “Common interest community” means real property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for a share of (A) real property taxes on, (B) insurance premiums on, (C) maintenance of, (D) improvement of, or (E) services or other expenses related to, common elements, other units or any other real property other than that unit described in the declaration… An association of property owners funded solely by voluntary payments from those owners is not a common interest community.
Source Link - 12 Conn. Gen. Stat. § 47-237
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… a common interest community may be terminated only by agreement of unit owners of units to which at least eighty per cent of the votes in the association are allocated, or any larger percentage the declaration specifies, and with any other approvals required by the declaration… (b) An agreement to terminate shall be evidenced by the execution of a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The termination agreement shall specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications thereof shall be recorded in every town in which a portion of the common interest community is situated and is effective only on recordation.
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