Bill Text: CT SB01208 | 2011 | General Assembly | Introduced
Bill Title: An Act Concerning Financial Reporting By Condominium And Common Interest Community Associations.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-03-21 - Public Hearing 03/25 [SB01208 Detail]
Download: Connecticut-2011-SB01208-Introduced.html
General Assembly |
Raised Bill No. 1208 | ||
January Session, 2011 |
LCO No. 4744 | ||
*04744_______JUD* | |||
Referred to Committee on Judiciary |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING FINANCIAL REPORTING BY CONDOMINIUM AND COMMON INTEREST COMMUNITY ASSOCIATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) Each executive board of an association shall create separate monthly financial reports for (1) any entity that is part of or associated with the association, including, but not limited to, any taxing district associated with the association or any marina or club in which only a portion of the unit owners own an interest or have access or for which unit owners pay a separate fee to maintain, or (2) any association operating account which is funded by monthly assessments for common expenses, any reserve accounts of the association and any one-time special assessments for capital improvements.
(b) Such monthly financial report shall indicate beginning cash balances, cash received, cash dispersed and ending cash balances for the applicable month. Each entry for cash received and cash dispersed shall be sufficiently detailed to identify the specific purpose of the receipt or dispersal of cash. The executive board shall reconcile such monthly financial reports with entries in bank statements of the association, associated entities and accounts.
(c) (1) No entity described in subdivision (1) of subsection (a) of this section may commingle funds with the association or any other such entity. Each such entity shall maintain funds in a separate bank account with a unique name and bank account number.
(2) The association shall maintain a separate bank account with a unique name and bank account number for each account described in subdivision (2) of subsection (a) of this section and shall not commingle funds among such accounts.
(d) Reserve funds and assessment funds may not be used for ongoing operating expenses unless such expenses (1) are approved as part of a budget adopted pursuant to section 47-261e of the general statutes, and (2) can be repaid within ninety days after the expenditure of funds. In no event shall any assessment funds be used to finance or pay for any budgeted items or for any new capital improvements other than those for which the funds were originally approved by vote of the unit owners.
(e) The executive board shall make such monthly financial reports and copies of such separate bank account statements available to each unit owner through an Internet web site maintained by the association or a community association manager, as defined in section 20-450 of the general statutes, or by Unites States mail, at the option of the unit owner, not later than fifteen days after the end of each calendar month.
Sec. 2. Section 47-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Except as provided in section 47-217, sections 47-202, as amended by this act, 47-204, 47-205, 47-206, 47-218, 47-221, 47-222, 47-223, subsections (b), (d), (i) and (j) of section 47-236, sections 47-237, 47-240 and 47-244, subsection (f) of section 47-245, sections 47-250, 47-251, 47-252, 47-253, 47-255, 47-257, 47-258, 47-260, section 1 of this act, 47-261b, 47-261c, 47-261d, 47-261e, 47-270 and 47-278, to the extent necessary in construing any of those sections, apply to all common interest communities created in this state before January 1, 1984; but those sections apply only with respect to events and circumstances occurring after January 1, 1984, and do not invalidate existing provisions of the declaration, bylaws or surveys or plans of those common interest communities.
(b) Section 47-210 and subsections (b) to (d), inclusive, of section 47-225 apply to all common interest communities created in this state prior to January 1, 1984, but shall not invalidate existing provisions of the declarations, bylaws or surveys or plans of those common interest communities.
Sec. 3. Section 47-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, in section 1 of this act and in this chapter:
(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. (A) A person "controls" a declarant if the person (i) is a general partner, officer, director [,] or employer of the declarant, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty per cent of the voting interest in the declarant, (iii) controls in any manner the election of a majority of the directors of the declarant, or (iv) has contributed more than twenty per cent of the capital of the declarant. (B) A person "is controlled by" a declarant if the declarant (i) is a general partner, officer, director [,] or employer of the person, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote [,] or holds proxies representing [,] more than twenty per cent of the voting interest in the person, (iii) controls in any manner the election of a majority of the directors of the person, or (iv) has contributed more than twenty per cent of the capital of the person. Control does not exist if the powers described in this subsection are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the following interests allocated to each unit: (A) In a condominium, the undivided interest in the common elements, the common expense liability [,] and votes in the association; (B) in a cooperative, the common expense liability and the ownership interest and votes in the association; and (C) in a planned community, the common expense liability and votes in the association.
(3) "Assessment" means the sums attributable to a unit and due the association pursuant to section 47-257.
(4) "Association" or "unit owners' association" means the unit owners' association organized under section 47-243.
(5) "Bylaws" means the instruments, however denominated, that contain the procedures for conduct of the affairs of the association regardless of the form in which the association is organized, including any amendments to the instruments.
(6) "Common elements" means (A) in the case of (i) a condominium or cooperative, all portions of the common interest community other than the units; and (ii) a planned community, any real property within a planned community owned or leased by the association, other than a unit, and (B) in all common interest communities, any other interests in real property for the benefit of unit owners which are subject to the declaration.
(7) "Common expenses" means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.
(8) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 47-226.
(9) "Common interest community" means real property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for a share of (A) real property taxes on, (B) insurance premiums on, (C) maintenance of, (D) improvement of, or (E) services or other expenses related to, common elements, other units or any other real property other than that unit described in the declaration. "Common interest community" does not include an arrangement described in section 47-219a or a covenant described in section 47-219b. For purposes of this subdivision, "ownership of a unit" includes holding a leasehold interest of forty years or more in a unit, including renewal options. "Ownership of a unit" does not include the interest which a resident holds in a mutual housing association, as defined in subsection (b) of section 8-214f, by virtue of either a state contract for financial assistance or an individual occupancy agreement. An association of property owners funded solely by voluntary payments from those owners is not a common interest community.
(10) "Condominium" means a common interest community in which portions of the real property are designated for separate ownership and the remainder of the real property is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(11) "Conversion building" means a building that at any time before creation of the common interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.
(12) "Cooperative" means a common interest community in which the real property is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.
(13) "Dealer" means a person who owns either six or more units, or fifty per cent or more of all the units, in a common interest community.
(14) "Declarant" means any person or group of persons acting in concert who (A) as part of a common promotional plan, offers to dispose of his interest in a unit not previously disposed of, or (B) reserves or succeeds to any special declarant right.
(15) "Declaration" means any instruments, however denominated, that create a common interest community, including any amendments to those instruments.
(16) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to (A) add real property to a common interest community; (B) create units, common elements [,] or limited common elements within a common interest community; (C) subdivide units or convert units into common elements; or (D) withdraw real property from a common interest community.
(17) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but [the term] does not include the transfer or release of a security interest.
(18) "Executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association.
(19) "Identifying number" means a symbol or address that identifies only one unit in a common interest community.
(20) "Leasehold common interest community" means a common interest community in which all or a portion of the real property is subject to a lease the expiration or termination of which will terminate the common interest community or reduce its size.
(21) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of subdivision (2) or (4) of section 47-221 for the exclusive use of one or more but fewer than all of the units.
(22) "Master association" means an organization described in section 47-239, whether or not it is also an association described in section 47-243.
(23) "Offer" or "offering" means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a common interest community not located in this state, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the common interest community is located.
(24) "Person" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, public corporation, government, governmental subdivision or agency, instrumentality or any other legal or commercial entity.
(25) "Planned community" means a common interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.
(26) "Proprietary lease" means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.
(27) "Purchaser" means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than (A) a leasehold interest, including renewal options, of less than twenty years, or (B) as security for an obligation.
(28) "Real property" means any leasehold or other estate or interest in, over [,] or under land, including structures, fixtures [,] and other improvements and interests that by custom, usage [,] or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real property" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.
(29) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(30) "Residential purposes" means use for dwelling or recreational purposes, or both.
(31) "Rule" means a policy, guideline, restriction, procedure or regulation of an association, however denominated, which is adopted by an association pursuant to section 47-261b which is not set forth in the declaration or bylaws and which governs the conduct of persons or the use or appearance of property.
(32) "Security interest" means an interest in real property or personal property, created by contract or conveyance, which secures payment or performance of an obligation. "Security interest" includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association [,] and any other consensual lien or title retention contract intended as security for an obligation.
(33) "Special declarant rights" means rights reserved for the benefit of a declarant to (A) complete improvements indicated on surveys and plans filed with the declaration or, in a cooperative, to complete improvements described in the public offering statement pursuant to subdivision (2) of subsection (a) of section 47-264; (B) exercise any development right; (C) maintain sales offices, management offices, signs advertising the common interest community [,] and models; (D) use easements through the common elements for the purpose of making improvements within the common interest community or within real property which may be added to the common interest community; (E) make the common interest community subject to a master association; (F) merge or consolidate a common interest community with another common interest community of the same form of ownership; (G) appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control; (H) control any construction, design review or aesthetic standards committee or process; (I) attend meetings of the unit owners and, except during an executive session, the executive board; or (J) have access to the records of the association to the same extent as a unit owner.
(34) "Time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a common interest community or a specified portion thereof.
(35) "Unit" means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to subdivision (5) of subsection (a) of section 47-224. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.
(36) "Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated until that unit has been conveyed to another person.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Sec. 2 |
October 1, 2011 |
47-216 |
Sec. 3 |
October 1, 2011 |
47-202 |
Statement of Purpose:
To establish additional financial reporting requirements for executive boards of common interest communities, including, but not limited to, communities created prior to 1984.
[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.]