Connecticut § 47-70a - Amendment of declaration or bylaws.

§ 47-70a. Amendment of declaration or bylaws.

Sec. 47-70a. Amendment of declaration or bylaws. (a) Except as provided in subsection (d) of this section, the declaration shall be amended only by vote of two-thirds of the unit owners, and the bylaws shall be amended by vote of a majority of unit owners, at any meeting of the unit owners' association duly called for either purpose, following written notice to all unit owners and their mortgagees appearing on the records of the association, except that if such amendment whether of the declaration or of the bylaws directly or indirectly changes the boundaries of any unit, the undivided interest in the common elements appertaining thereto, the liability for common elements appertaining thereto, the liability for common expenses or rights to common profits appertaining thereto, or the number of votes in the unit owners' association appertaining thereto, such amendment shall require the affirmative vote of seventy-five per cent of the unit owners and shall, in addition, require the consent of the mortgagees of at least seventy-five per cent of the units subject to mortgage.

(b) The declarant may require a unit owner or purchaser to execute and to deliver to the declarant a power of attorney or other document assigning to the declarant the right of a unit owner to vote on the amendment of condominium instruments pursuant to subsection (a) of this section, provided such power of attorney or other document shall be exercised or implemented only to amend the condominium instruments for the purpose of adding additional land in an expandable condominium pursuant to section 47-71a, and to reallocate the undivided interests in the common elements resulting from such expansion pursuant to subsection (c) of section 47-74, and the power of attorney or other document shall be expressly so limited.

(c) Notwithstanding any other provision of this chapter or the condominium instruments, the designation of the agent for the service of process named in the declaration may be changed from time to time by recording in the land records wherein the declaration is recorded the instrument for designation of an agent for service of process, which if the association is incorporated, shall be a copy of the instrument transmitted to the Secretary of the State or if not incorporated, an instrument including the same information as such an instrument for designation of agent. In addition, the instrument for designation shall refer to the volume and first page of the original condominium instruments.

(d) (1) The board of directors may, by a vote of a majority of the members of said board and without further need for a vote by unit owners, amend the declaration to remove from such declaration any provision that purports to restrict ownership or occupancy of units within the condominium on the basis of race.

(2) If a unit owner submits a written request to the board of directors for an amendment to the declaration to remove a provision that purports to restrict ownership or occupancy of units within the condominium on the basis of race, the board shall, not later than ninety days after receipt of such a request, hold a meeting to determine whether such a provision exists in the declaration and should be removed pursuant to the provisions of subdivision (1) of this subsection.

(P.A. 76-308, S. 7, 36; P.A. 05-288, S. 162; P.A. 09-213, S. 3; P.A. 21-173, S. 4.)

History: P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005; P.A. 09-213 amended Subsec. (c) to delete requirement that town clerk make a marginal notation on original condominium instruments of a change in the designation of agent for service of process; P.A. 21-173 amended Subsec. (a) to add reference to exception provided in Subsec. (d) and added Subsec. (d) re removal from declaration of provision that purports to restrict ownership or occupancy of units on basis of race, effective July 1, 2021.

Cited. 208 C. 318.