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 Although Connecticut laws governing PUDs were repealed in 1985, the existing PUDs themselves have not been abolished.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.
Are PUDs Legal in Connecticut?: http://t.co/rpT1V7yQTU
Are PUDs Legal in Connecticut?: http://t.co/3QoiuRHAHU
Our 54 free-staning uniy complex is considered a PUD and not a Condominium and the property that immediately surrounds our house is considered to be limited common area, and opposed to to common area like courtyards, entrance area, etc. Some explanations define the difference between a condominium and a PUD as with a PUD you own the property your house sits on. Do you also own the proprtys surrounding it designated limited common area, or just the footprint of the house?
S.B., typically, limited common elements are owned by the association, not an individual unit owner. Therefore it would follow that in the PUD, the only property associated with your unit is that which is directly underneath your unit. You may wish to contact an attorney if your documents indicate otherwise for a more legal opinion than I can offer, but my friendly answer is that you do not own the land beneath a limited common element such as you have described. All the best!
Hello,
I live in a PUD in CT, the Management Company is labeling it a Condominium when it was originally established as a PUD . The Management Company is saying that the CT Laws that apply to Condominiums also apply to PUDs. For example they are saying that a Property Owner who has outstanding dues/ liens owed to the Management co can sell their property without satisfying the balance and pass this on to the Buyer w/ out disclosing the outstanding Balance to the Buyer (me). Is this possible? What are the legal distinctions between a PUD and a Condominium in CT?
Alex, almost none of what you are saying makes sense to me. Since when can outstanding dues be passed along to a new owner, especially without disclosure? The single most important distinction between a condo and a PUD is how the association was formed when it became an association. It is a legal term and the two are not interchangeable even though they share many similar characteristics. You should speak to an attorney to discuss the matter further as I cannot offer legal advice here. If you were sold a unit within a PUD that has a lien on it, that should have been disclosed and/or discovered during your title search of the unit. If you purchased a unit without assistance of an attorney and did no title search, you may be at risk of not having followed due diligence which would have revealed the lien. Honestly, you need to speak to an attorney to get this matter cleared up. Good luck!