AG Calls For Tighter Oversight

On Condo Managers, Bylaws

HARTFORD — Attorney General Richard Blumenthal, in formal testimony to the Judiciary Committee, has urged establishment of a state board to assist condominium unit owners by ensuring that condominium associations abide by their bylaws and state laws, and tighter licensing requirements for condominium managers.

Mr Blumenthal, joined by state legislators and condo unit owners, said that a Connecticut Community Association Commission would review condominium unit owner complaints concerning violations of condominium bylaws or state condominium laws by the association’s board of directors, officers, or professional managers.

The commission would attempt to mediate disputes, hold hearings, and issue orders to resolve problems. If necessary, the commission could also refer matters to the attorney general for civil action in court to enforce provisions of condominium bylaws or state laws.

The legislation would also require condominium managers, currently registered through the Department of Consumer Protection (DCP), to obtain licenses after completing a course and passing a written exam approved by the DCP Commissioner. Condominium services include preparing budgets, conducting association meetings, and advising on the operations of the association.

“Condominium owners need and deserve rights and remedies against wrongdoing by their own associations,” Mr Blumenthal said. “These measures would help empower unit owners who are fighting for their basic rights under the state’s condominium laws. Hundreds of complaints come to my office from condominium unit owners regarding blatant violations of state laws or bylaws by their association board of directors, but no state office exists to assist these owners.

“My proposal establishes an independent commission to mediate and resolve disputes — and then refer them to my office to protect unit owners if the association is unreasonable or intransigent,” he added. “These measures would help enforce state law and condominium bylaws — a basic right due condominium owners.”

Mr Blumenthal said current law provides no protection in the face of flagrant unfair practices.

“Many of the complaints received by my office reflect defiance by the association board of directors of basic governance principles such as adopting an annual budget with notice to the unit owners, holding fair elections for the board of directors, providing key financial information about the association, and fairly imposing association fines,” he said. “Some of these complaints are based on deliberate indifference by association boards to association bylaws or state condominium laws. Others are probably due to a lack of full understanding of condominium association responsibilities.”