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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In the state of Connecticut, does the board of a neighborhood

Customer Question

In the state of Connecticut, does the board of a neighborhood association have
the right to oversee a minor construction project to a single family home,
and to impose financial penalties on the homeowners for an 'alleged violation'
of the association by-laws?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CT law, common ownership associations (HOA etc) have the right to govern themselves through their CC&R and Bylaws. Thus, an association may have rules controlling construction an improvements to property within the association and actually may give themselves the power through their bylaws to impose fines for violation of any of those bylaws.
If an association is issuing fines, the accused member has a right to appeal the fine in writing to the association board in accordance with any procedure outlined in the bylaws. If the board denies the appeal, then the member can choose to file a petition for declaratory judgment and damages in the superior court and has to prove to the court that the board decision was not based on the evidence and/or it was arbitrary and capricious. A declaratory judgment is an order from the court deciding what the bylaws in question mean and also whether or not they had the right to punish the member under that bylaw.

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