Sec. 47-70a. Amendment of declaration or bylaws.
Sec. 47-70a. Amendment of declaration or bylaws. (a) The declaration shall be
amended only by vote of two-thirds of the unit owners, and the bylaws shall be amended
by vote of a majority of unit owners, at any meeting of the unit owners' association duly
called for either purpose, following written notice to all unit owners and their mortgagees
appearing on the records of the association, except that if such amendment whether of
the declaration or of the bylaws directly or indirectly changes the boundaries of any
unit, the undivided interest in the common elements appertaining thereto, the liability
for common elements appertaining thereto, the liability for common expenses or rights
to common profits appertaining thereto, or the number of votes in the unit owners'
association appertaining thereto, such amendment shall require the affirmative vote of
seventy-five per cent of the unit owners and shall, in addition, require the consent of
the mortgagees of at least seventy-five per cent of the units subject to mortgage.
(b) The declarant may require a unit owner or purchaser to execute and to deliver
to the declarant a power of attorney or other document assigning to the declarant the
right of a unit owner to vote on the amendment of condominium instruments pursuant
to subsection (a) of this section, provided such power of attorney or other document
shall be exercised or implemented only to amend the condominium instruments for the
purpose of adding additional land in an expandable condominium pursuant to section
47-71a, and to reallocate the undivided interests in the common elements resulting from
such expansion pursuant to subsection (c) of section 47-74, and the power of attorney
or other document shall be expressly so limited.
(c) Notwithstanding any other provision of this chapter or the condominium instruments, the designation of the agent for the service of process named in the declaration
may be changed from time to time by recording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which
if the association is incorporated, shall be a copy of the instrument transmitted to the
Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent. In addition, the instrument for designation shall refer to the volume and first page of the original condominium instruments
and a marginal notation thereon shall be made by the town clerk of such change.
(P.A. 76-308, S. 7, 36; P.A. 05-288, S. 162.)
History: P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.
See Sec. 47-90c re effective date and applicability of chapter.
Subsec. (a):
Cited. 208 C. 318.