J.W. from Fairfield County writes:
Dear Mister Condo,
Mister Condo replies:
J.W., that is a great question with a few different answers. The short answer is that federal law trumps state law and state law trumps your condominium’s governing documents, regardless of what provisions they actually contain. If your condo documents have not been updated or amended to reflect the changes in the 2010 revisions to the Connecticut Common Interest Ownership Act, the association is still bound to observe and respect the provisions of the law or it could find itself in some hot water with unit owners who seek to exercise their rights under the law. That being said, there can be a significant cost and effort to revising condominium documents and many communities simply keep their existing documents in place and either observe the laws as a matter of practice or have a less expensive treatment called a document overlay as an amendment to their current documents. This method saves the association money and also allows for compliance with the CIOA revisions as part of their governing documents. Whether the documents are updated or not, the state law supersedes and must be observed. All the best!