Sec. 47-74a. Board of directors of unit owners association. Election by unit owners other than declarant; when. Declarant to relinquish control; when.
Sec. 47-74a. Board of directors of unit owners association. Election by unit
owners other than declarant; when. Declarant to relinquish control; when. (a)
When unit owners other than the declarant own more than one-third of the units in the
condominium, they shall be entitled to elect not less than one-third of the members of
the board of directors of the unit owners' association. Unit owners other than the declarant shall elect not less than a majority of the members of the board of directors of the
unit owners' association not later than five years after the date of the recording of the
original declaration, and, prior to the expiration of such five-year period, shall be entitled
to elect not less than a majority of the members of the board of directors upon the
happening of the earlier of the following two events: (1) Sale by declarant of sixty per
cent of the units in the condominium or (2) completion of seventy-five per cent of the
units in the condominium, with some such units having been sold, but no more than six
units having been sold in the six-month period preceding the call for an election pursuant
to subsection (b) hereof. All references in this subsection to "units in the condominium"
shall mean the aggregate of the units shown in the survey and plans filed with the original
declaration pursuant to section 47-71 and the units shown in the survey and plans filed
with any amendment to the declaration covering additional lands added to the condominium property, prior to the date on which the requisite proportion of units is attained.
The declarant shall be entitled to designate not less than one member of the board of
directors of the unit owners' association so long as he holds for sale in the ordinary
course of business ten per cent or more of the units in such condominium.
(b) At any time after unit owners other than the declarant are entitled to elect a
member or members of the board of directors of an association, the association shall
call and give not less than thirty nor more than forty days notice of a meeting of the unit
owners for this purpose. Such meeting may be called and the notice given by any unit
owner if the association fails to do so.
(c) So long as the declarant owns ten per cent or more of the units in the condominium for sale in the ordinary course of business, no action may be taken by the association
that would be detrimental to the sales of units by the declarant without written agreement
thereto by the declarant; provided that an increase in assessments for common expenses
or imposition of any special assessment without discrimination against the declarant
shall not be deemed to be detrimental to the sale of units.
(d) Within thirty days after unit owners other than the declarant elect a majority of
the members of the board of directors of an association, the declarant shall relinquish
control of the association and shall deliver to the association all property of the unit
owners and of the association held by or controlled by the declarant, including without
limitation the following items, as to each condominium operated by the association: (1)
The original or a certified copy or a photocopy of the recorded condominium declaration,
provided if a photocopy is delivered, such photocopy shall reflect the recording information and shall be certified by an affidavit executed by the declarant as a true and complete
copy of the actual recorded declaration; the association articles of incorporation, if it
be an incorporated association; bylaws; minute books and other books and records of
the association, if any; and any house rules and regulations which may have been promulgated; (2) resignations of officers and members of the board of directors who may be
required to resign by reason of the requirement that the declarant relinquish control of
the association; (3) an accounting or accountings for association funds. Such accounting
or accountings shall have been audited by an independent certified public accountant.
The declarant shall be liable to the association for all funds of the association that are
not properly expended and which were collected during the period of time that the
declarant controlled the board of directors of the association; (4) association funds or
control thereof; (5) all of declarant's tangible personal property that has been represented
by the declarant in brochures or other writings to be a part of the common elements, or
that is necessary for, and has been used exclusively in, the operation and enjoyment of
the common elements, or that is property of the association, and inventories of these
properties; (6) a copy of the plans and specifications utilized in the construction of
the improvements and the supplying of equipment to the condominium and for the
construction and installation of all mechanical components serving the improvements
and the site, in condominiums for which building permits have been issued after January
1, 1977, with respect to such buildings together with a certificate in affidavit form of the
declarant that such plans and specifications are substantially to the best of the knowledge,
information and belief of the declarant, the actual plans and specifications utilized in
and about the construction and improvement of the condominium property and for the
construction and installation of the mechanical components thereof and a certificate or
certificates in affidavit form of one or more architects or engineers authorized to practice
in the state that the plans and specifications referred to in each such certificate represent
to the best of the knowledge, information and belief of each such architect or engineer the
actual plans and specifications utilized in and about the construction and improvement of
the condominium property and for the construction and installation of the mechanical
components thereof, or of the portions of such condominium property or mechanical
components described in each certificate. The declarant's certificate shall also state
that the one or more architect's or engineer's certificates cover all of such plans and
specifications. In the event that the construction of the improvements shall have been
completed more than three years before the property shall have been declared a condominium, then the requirements of this subdivision shall not apply. If, however, the improvements on the condominium property submitted to condominium ownership shall
have been substantially rehabilitated, renovated or remodeled within three years prior to
the recording of the condominium declaration, then the requirements of this subdivision
shall apply to the plans and specifications used in connection with such work; (7) all
insurance policies then in force, in which the unit owners, the association, or its directors
and officers are the named assured; (8) copies of any certificates of occupancy which
may have been issued with respect to any improvements comprising the condominium;
(9) any other permits issued by governmental bodies applicable to the condominium
property and which are currently in force or which were issued within one year prior to
the date on which unit owners other than the declarant took control of the association;
(10) written warranties of the contractor, subcontractors, suppliers and manufacturers
that are still effective; (11) a roster of unit owners and mortgagees and their addresses
and telephone numbers, if known, as shown on the declarant's records; (12) employment
contracts in which the association is or is to be one of the contracting parties; (13) service
contract in which the association is or is to be one of the contracting parties or service
contract in which the association or the unit owners have directly or indirectly an obligation or responsibility to pay some or all of the fee or charge of the person or persons
performing the services; (14) one or more architect's or engineer's certificates certifying
to the best of the knowledge, information and belief of each such architect or engineer
that the portions of the common elements, for which building permits have been issued
after January 1, 1977, referred to in each such certificate have been constructed substantially in accordance with the plans and specifications therefor and a certificate of the
declarant that the one or more architect's or engineer's certificates delivered cover all
common elements described in such plans and specifications, and that the common
elements have been constructed substantially in accordance with the plans and specifications for which such certificates are required and the representations with regard thereto
made by the declarant in the disclosures required by this chapter; (15) the requirements
of subdivisions (6) and (14) of this subsection shall not apply to condominium property
constructed prior to January 1, 1977.
(P.A. 76-308, S. 21, 36; P.A. 77-453, S. 2, 7.)
History: P.A. 77-453 amended Subsec. (d) to clearly distinguish between declarant's certificates and those of architects
or engineers; (Revisor's note: In 1995 references in Subsec. (d)(6) to "this subsection (6)" were changed editorially by the
Revisors to "this subdivision" for consistency with statutory usage).
See Sec. 47-90c re effective date and applicability of chapter.
Cited. 210 C. 6.