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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6440
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Own a condo in CT .... the association is making me purchase

Customer Question

own a condo in CT .... the association is making me purchase a new window for the garage that is not attached to the condo.
There is some damage to the wood trim at the bottom because of high snow ....
isn't that considered the outside .... and the association should replace window ( which is fine ) or just repair the trim ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

The Association is generally responsible for common areas. In condos this would generally include the exterior unless your governing documents state otherwise. The governing documents are considered a contract between the owner and the HOA and both sides are bound to the terms.

This link sets out all of the laws that govern an HOA in Connecticut http://www.hoa-usa.com/statelaws/ct.aspx

  • "The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements."

http://www.ct.gov/dcp/cwp/view.asp?q=529868

This is a link for the statutes that govern condos in Connecticut http://www.ncsl.org/Portals/1/Documents/environ/documents-environ-CT-condo-15.pdf

Do you have a copy of the bylaws, rules and regulations?

Expert:  Attyadvisor replied 1 year ago.

Do you have a copy ot your governing documents? Please disregard the additional services request this seems to be an auto offer.

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