Bill Text: CT HB06234 | 2011 | General Assembly | Introduced
Bill Title: An Act Concerning Elections Of The Executive Boards Of Directors Of Condominium Unit Owners' Associations And Changes To The Common Interest Ownership Act.
Spectrum: Slight Partisan Bill (Democrat 15-4-1)
Status: (Passed) 2011-07-13 - Signed by the Governor [HB06234 Detail]
Download: Connecticut-2011-HB06234-Introduced.html
General Assembly |
Raised Bill No. 6234 | ||
January Session, 2011 |
LCO No. 2424 | ||
*02424_______INS* | |||
Referred to Committee on Insurance and Real Estate |
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Introduced by: |
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(INS) |
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AN ACT CONCERNING ELECTIONS OF THE EXECUTIVE BOARDS OF DIRECTORS OF CONDOMINIUM UNIT OWNERS' ASSOCIATIONS AND CHANGES TO THE COMMON INTEREST OWNERSHIP ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 47-245 of the general statutes is amended by adding subsections (j) and (k) as follows (Effective October 1, 2011):
(NEW) (j) No person shall provide or offer to any executive board member or a person seeking election as an executive board member, and no executive board member or person seeking election as an executive board member shall accept, any item of value based on any understanding that the vote, official action or judgment of such member or person seeking election would be or has been influenced thereby.
(NEW) (k) No managing agent of an association or person providing association management services to such association shall solicit proxies from any unit owners or campaign for any person seeking election as an executive board member.
Sec. 2. Section 47-239 of the general statutes is amended by adding subsection (f) as follows (Effective October 1, 2011):
(NEW) (f) No person shall provide or offer to any member of the master association's executive board or a person seeking election as a member of the master association's executive board, and no member of the master association's executive board or a person seeking election as a member of the master association's executive board shall accept, any item of value based on any understanding that the vote, official action or judgment of such member or person seeking election would be or has been influenced thereby.
Sec. 3. Section 20-458 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) No contract between a person contracting to provide association management services and an association which provides for the management of the association shall be valid or enforceable unless the contract is in writing and:
(1) Provides that the person contracting to provide management services shall be registered as provided in sections 20-450 to 20-462, inclusive, and shall obtain a bond as provided in section 20-460; and
(2) Provides that the person contracting to provide management services shall not issue a check on behalf of the association or transfer moneys exceeding a specified amount determined by the association without the written approval of an officer designated by the association; and
(3) Provides that the person contracting to provide management services shall not enter into any contract binding the association exceeding a specified amount determined by the association, except in the case of an emergency, without the written approval of an officer designated by the association.
(b) No contract to provide management services [may be] shall:
(1) Be sold or assigned to another person without the approval of a majority of the executive board of the association; or
(2) Include any clause, covenant or agreement that indemnifies or holds harmless the person contracting to provide management services from or against any liability for loss or damage resulting from such person's negligence or intentional acts or omissions.
Sec. 4. Subsection (e) of section 47-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(e) If any common expense is caused by the wilful misconduct [, failure to comply with a written maintenance standard promulgated by the association] or gross negligence of any unit owner, [or tenant or a guest or invitee of a unit owner or tenant,] the association may, after notice and hearing, assess the portion of that common expense in excess of any insurance proceeds received by the association under its insurance policy, whether that portion results from the application of a deductible or otherwise, exclusively against that owner's unit.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
47-245 |
Sec. 2 |
October 1, 2011 |
47-239 |
Sec. 3 |
October 1, 2011 |
20-458 |
Sec. 4 |
October 1, 2011 |
47-257(e) |
Statement of Purpose:
To prohibit the providing or offering to, or acceptance by, an executive board member of a common interest community or a person seeking election as an executive board member any item of value based on any understanding that the vote, official action or judgment of such member or person seeking election would be or has been influenced thereby; to prohibit the managing agent or manager of an association from soliciting proxies from unit owners or campaigning for any candidate seeking election as an executive board member; to prohibit clauses in contracts for the provision of management services that hold harmless the person providing such services from liability resulting from such person's negligence or intentional acts or omissions; and to change the standard governing assessments for common expenses relating to wilful misconduct, failure to comply with a written maintenance standard or gross negligence.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]