A.D. from Hartford County writes:
Dear Mister Condo,
The community that I have lived in for the last 25 years is a PUD. The management firm that we have contracted with says that a PUD is no longer legal in Connecticut and that we must legally change our bylaws so that we are structured as a condominium. Is this true? Can the board of directors proceed with this action without the consent of owners? Should it matter to me? Will individual deeds need to be changed?
Mister Condo replies:
A.D., that sounded like some wrong information as you reported it to me. I can’t imagine a ruling that would abolish existing PUDs in our state. There are just too many of them and I would think they could claim “grandfather” status to protect themselves from a forced change. I asked an attorney friend of mine who specializes in community association law for some clarification. Here’s the long and short of it:
PUD stands for “planned unit development” and refers to a cluster of homes designed to satisfy land use goals which would not otherwise be possible under existing zoning regulations. When dense urban areas would not have the open space, setbacks, or flexibility to accommodate efficient residential development, PUDs can be approved to squeeze them in. Although Connecticut laws governing PUDs were repealed in 1985, the existing PUDs themselves have not been abolished. Connecticut General Statutes Section 8-2d specifically says that the PUD regulations adopted in individual towns remain valid and continue to govern them. Converting your community into a condominium may or may not be desirable for a variety of reasons, but it is not mandatory under state law.