Bill Text: CT HB07031 | 2015 | General Assembly | Comm Sub

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Bill Title: An Act Concerning The Establishment Of A Pilot Program For The Mediation Of Condominium-related Disputes.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-05-31 - Senate Calendar Number 634 [HB07031 Detail]

Download: Connecticut-2015-HB07031-Comm_Sub.html

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General Assembly		Raised Bill No. 7031
January Session, 2015		LCO No. 5269
		*_____HB07031JUD___033015____*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE ESTABLISHMENT OF A PILOT PROGRAM FOR THE MEDIATION OF CONDOMINIUM-RELATED DISPUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2015) (a) As used in this section:

(1) "Administrative region" means two or more probate districts in a geographic area designated by the Probate Court Administrator;

(2) "Association" means an association of unit owners, as defined in section 47-68a of the general statutes, or an association, as defined in section 47-202 of the general statutes;

(3) "Unit" means a unit, as defined in section 47-68a or 47-202 of the general statutes; and

(4) "Unit owner" means a unit owner, as defined in section 47-68a or 47-202 of the general statutes.

(b) The Probate Court Administrator shall, within available appropriations, establish a pilot program for the mediation of a dispute arising between one or more unit owners and an association. The pilot program shall be administered in two administrative regions as determined by the Probate Court Administrator. The Probate Court Administrator shall consult with the probate judges to determine the administrative regions that shall participate in the pilot program. The pilot program shall mediate disputes between unit owners and an association relating to the application or interpretation of an association's bylaws, rules and regulations and the provisions of chapters 825 and 828 of the general statutes. Disputes that are related to a foreclosure action initiated against a unit owner or exclusively between unit owners with no association involvement shall not be eligible for the pilot program.

(c) Any unit owner or association with a dispute that meets the criteria set forth in subsection (b) of this section may file a request for mediation under the pilot program. Such request shall: (1) Be in writing, on such form as the Probate Court Administrator may prescribe, (2) specifically set forth the nature of the dispute, (3) contain an attestation by both the unit owner and a representative of the association that his or her participation in the pilot program is voluntary, (4) be accompanied by a filing fee of two hundred fifty dollars, and (5) be filed in the probate district in which the unit is located.

(d) Upon receipt of a request for mediation, the court shall promptly notify the Probate Court Administrator of such request. Upon receipt of such notification, the Probate Court Administrator shall assign the matter to a special assignment probate judge, appointed pursuant to section 45a-79b of the general statutes, as amended by this act, who possesses demonstrated expertise in mediation of disputes.

(e) The court shall set a time and place for a mediation session and shall give notice by regular mail of the session to each unit owner and the association identified in the request for mediation and to such other persons as the court determines. The special assignment probate judge shall attempt to mediate a voluntary resolution of the dispute between the unit owner and a representative of the association. A unit owner or representative of the association may withdraw from mediation at any time during the process after providing notice to all persons participating in the mediation and the special assignment probate judge. In addition, the special assignment probate judge may terminate the mediation upon finding that further efforts to mediate the dispute would be futile. If a resolution of the dispute is achieved, the special assignment probate judge shall assist in the preparation of a written agreement, setting forth the specific terms of the agreement. The written agreement shall be signed by the unit owner, a representative of the association and the special assignment probate judge. Compliance with the terms of the written agreement by the unit owner and the association shall be deemed an obligation imposed by the provisions of chapter 825 or 828 of the general statutes, as the case may be, and the unit owner or the association may bring an action in the Superior Court to enforce the terms of the agreement.

(f) A participant in a mediation shall not voluntarily disclose or, through discovery or compulsory process, be required to disclose any oral or written communication received or obtained during the course of a mediation, unless (1) each of the other participants agrees in writing to such disclosure, (2) the disclosure is necessary to enforce a written agreement that resulted from the mediation, (3) the disclosure is required by statute or regulation, or by any court, after notice to all participants to the mediation, or (4) the disclosure is required as a result of circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.

(g) The remedies provided under this section are not exclusive and are in addition to any other remedies in any section of the general statutes or which are available under common law.

(h) The mediation pilot program established pursuant to this section shall terminate on September 30, 2018.

Sec. 2. Section 45a-79b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) There shall be special assignment probate judges appointed by the Chief Justice of the Supreme Court, on nomination by the Probate Court Administrator, from among the [judges of] probate judges elected as provided in section 45a-18. A nominee of the Probate Court Administrator shall have demonstrated the special skill, experience or expertise necessary to serve as a special assignment probate judge. The Probate Court Administrator shall issue regulations pursuant to subsection (b) of section 45a-77 to establish requirements concerning the responsibilities of special assignment probate judges and the number, geographic distribution and expertise of such judges. A special assignment probate judge shall serve at the pleasure of the Chief Justice.

(b) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of special assignment probate judges appointed pursuant to this section. Such compensation shall, on the order of the Probate Court Administrator, be paid from the Probate Court Administration Fund established under section 45a-82. [Such] Notwithstanding the provisions of section 45a-95a, such compensation, including compensation that a special assignment probate judge receives as a judge of probate of the district to which the judge was elected, shall not exceed the [compensation provided for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a] maximum total compensation received by a workers' compensation commissioner under section 31-277. A special assignment probate judge shall have such benefits as may inure to him or her as a judge of probate and shall receive no additional benefits, except compensation provided under this subsection and retirement benefits calculated in accordance with sections 45a-34 to 45a-54, inclusive.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	New section
Sec. 2	October 1, 2015	45a-79b

JUD

Joint Favorable