C.S. from New Haven County, Connecticut writes:
Dear Mister Condo,
I live in a 100-unit condo in CT built in 1972. I have 2 questions: 1. Do we fall under the Unit Ownership Act or the Common Interest Ownership Act? 2. In CIOA, it states a Special Meeting may be called by unit owners having at least 20% of the vote (or any lower percentage specified in the bylaws). Our By-Laws state upon a petition signed and presented to the Secretary by not less than fifty (50%). Which one prevails?
Mister Condo replies:
C.S., I am not an attorney and offer no legal advice or comments on this website regarding which set of laws might pertain or prevail specifically to your condominium. State law will always supersede your governing documents. After all, the law is a legal authority whereas your documents are simply a corporate agreement. The “Unit Ownership Act” governs condominiums created before 1977, according to this explanation as offered at the State of Connecticut General Assembly website at https://www.cga.ct.gov/2009/rpt/2009-R-0123.htm:
“Three different sets of laws govern condominiums, depending on when they were created. The Common Interest Ownership Act (CIOA) governs the creation, alteration, management, termination, and sale of condominiums and other common interest communities formed in Connecticut after December 31, 1983 (CGS § 47-200 et seq.). The Condominium Act governs condominiums created from 1977 through 1983 (PA 76-308; CGS §§ 47-68a to 47-90c). The Unit Ownership Act governs condominiums created before 1977 (PA 1963, No. 605, July 10, 1963; CGS §§ 47-67 to 47-115 Rev. to 1975).”My advice is that your association seek legal counsel. A myriad of attorneys in Connecticut specialize in Community Association Law. You can find a great list right here: https://www.caict.org/page/Directory#Attorney%20-%20Law%20Firms All the best!