R.H. from Litchfield County, Connecticut writes:
Dear Mister Condo,
Do Connecticut Condo Statutes mandate maintenance policies for condos?
Mister Condo replies:
R.H., that is a bit of a tricky question because they are multiple laws and statutes that govern condominiums in the State of Connecticut. Most deal with the establishment of the condominium and the governance of the association once the association moves from developer to Board control. The typical rules for maintenance policies come from the association’s governance documents and covenants. If those maintenance policies aren’t upheld by the association, individual unit owners have the ability to sue the association for negligence as they have breached the contract between the individual unit owner and the association. That being said, it is a sad state of affairs when a unit owner needs to take such drastic actions. Additionally, since the money to maintain the association comes from the common fees levied upon the unit owners, a lack of funds to perform the maintenance will certainly mean an increase to common fees and/or a Special Assessment. Neither of these are popular with unit owners but they may be the only way to raise the funds to take care of the maintenance. If you are not happy with the maintenance performed by the association, you should attend one or more Board meetings and ask why the association isn’t being better maintained. If you don’t like the answers, you and fellow disconcerted unit owners need to run for the Board and set the association back on track. Good luck!