Sec. 47-217. Exception for certain preexisting common interest communities.
Sec. 47-217. Exception for certain preexisting common interest communities.
(a) If a common interest community created within this state before January 1, 1984,
(1) contains no more than twelve units and is not subject to any development rights, (2)
contains only units restricted to nonresidential use, or (3) is a common interest community described in subdivision (3) of subsection (a) of section 47-215, it is subject only
to sections 47-204, 47-205 and 47-206 unless the declaration is amended in conformity
with applicable law and with the procedures and requirements of the declaration to take
advantage of the provisions of section 47-218, in which case all the sections enumerated
in section 47-216 apply to that common interest community.
(b) If a common interest community created within this state before January 1, 1984,
was formed pursuant to a special act of the legislature, it is not subject to the provisions
of this chapter unless a majority of the unit owners vote, in conformity with applicable
law, to subject such common interest community to the provisions of this chapter. If a
majority of the unit owners so vote, the provisions of this chapter apply to such common
interest community in the manner described in section 47-216 and this section.
(P.A. 83-474, S. 18, 96; P.A. 84-472, S. 7, 23; P.A. 95-187, S. 7.)
History: P.A. 84-472 replaced "cooperative or planned community" with "common interest community", provided an
exception for a "common interest community described in subdivision (1) or (2) of subsection (a) of section 47-215" and
added Subsec. (b) re the applicability of chapter 828 to a common interest community created before January 1, 1984,
pursuant to a special act of the legislature; P.A. 95-187 amended Subsec. (a) to insert Subdiv. indicators, add Subdiv. (2)
re nonresidential communities and make a technical change to a statutory reference in Subdiv. (3).