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CT Condo Owners Celebrate Two Bills Passed by CT Legislature

By Connecticut Condo Owners Coalition | Thursday, May 10 CT Legislature passed two bills supported by the CT Condo Owners Coalition.

CCOC celebrates the passage on May 9th of the two bills they’ve been lobbying for in the Connecticut State Legislature.  We worked closely with several legislators and very much appreciate their actions to bring these bills to the floor for votes as they have worked in behalf of condo owners.  Both bills will be sent to the Governor for his signature and we are hopeful he will sign them.

HB 5536
The first, HB 5536, will require certification of community association managers and licensure of real estate brokers.  This act will help assure that professionals hired by or working with condo owners will adhere to a high ethical standard of conduct in their powerful positions working with condo associations. 

Recent incidents in Branford and Fairfield, where property managers were either wrongly padding costs billed to the community association (and paid by the owners!) and another in which the property manager used maintenance fees paid by the owners for his own benefit, rather than applying it, as was intended, to payment of the association’s bills.   By passage of 5511, condo owners will be given a degree of protection against blatant and illegal misuse of their funds.

HB 5511
Condo budgets to be approved by simple majority vote – Abstentions no longer counted as “yes” votes
The second bill, HB 5511, is concerned with two issues:  community association budgets, specifically at Heritage Village in Southbury, and the display of religious articles on owners’ doors.  Heritage Village experienced the passage of a budget under conditions that will no longer be possible.  The new law requires that budgets be approved by a simple majority of those voting; abstentions – which are not a vote – will no longer be counted. 

Display of religious articles on owners’ doors
In addition, the bill will allow the display of religious articles on owners’ doors.  This became an issue when a new Stratford resident was prohibited from displaying a mezuzah, a Jewish religious article, important to her, on her front door.  Although the association eventually rescinded their ban, legislation ensuring these rights was considered necessary.

These two bills constitute the main focus of CCOC during this legislative session.  

 "While we did not get everything we wanted for condo owners," Brian Harte, legislative director of the CCOC executive committee, said Thursday, "we won two important changes.

 "Hopefully the governor will sign them and we will monitor the laws to make sure that they work in a beneficial way for all condo owners and complexes."

Harte said if the bills need modification, the "CCOC will return to the General Assembly to request changes."

louis May 15, 2012 at 03:53 pm
The other thing about Condo's is that they are a strange ownership in the area of real property. Condominiums, are the one bit of real estate that are designed to breed perpetual dependence on a board of directors. In other words, since John Locke and Hobbes, the concept was that a person could own something free and clear, without government intrusion. Once a mortgage for a house is paid off, the only obligation would be taxes on land, owed to the government. You own it completely. But with condo's, these is this perpetual obligation to common fees, which actually undermine the real value of the property. If you do not pay common fees, the condo association has the right, under the law to file a claim under equity for a partial ownership of your property. In other words, you owe them, despite being a landholder. Sounds like a form of feudal communism to me!
sebastian dangerfield May 15, 2012 at 04:42 pm
Donald
Initially the condo association said No. Then the government got involved and now made a law that says people can hang stuff in name of religion. Im commenting on the original situation that inspired the bill. If everyone in that condo association is ok with it--fine with me....no one , as you say, is having their rights trampled. I suspect though the condo association capitulated , rather than get dragged into a lawsuit . (which is another story--the power of lawsuits and the price of attorneys ....result in some form of blackmail these days)
--- May 15, 2012 at 05:02 pm
Luca,
You, sir, said that "Trampling on the rights of others is nonsense." I repeated what you said to prove a point. Please at least take responsibility for what you said. sir. When you seek to deflect like this, it causes me to think you are weak-minded. And you're not weak-minded, are you, Luca? :)
Glen K Dunbar May 15, 2012 at 05:43 pm
and another thing...if a person buy a condo....it is THEIR condo. Why are the so called land lords allowed to make a bunch of dumb rules??? Very unfair.
Glen
Christine E. May 15, 2012 at 05:55 pm
Not true, Glen. The inside is yours, the exterior structure is community owned property for which each resident pays common charges to help maintain. This is designed to help keep values high, so your neighbor can't dump garbage on the lawn or paint their house neon yellow. Vastly different than home ownership.
sebastian dangerfield May 15, 2012 at 08:04 pm
donald,
if I knew what you were talking about, and you were right, Id be more than happy to agree. Are you going to admit, that freedom of religion, under the constitution, does not mean you get to do what ever you want to do in the name of religion? I assume you will acknowledge this point---given your demands of me. And once you explain what you mean, with respect to my statement that trampling others rights, in the name of religion, is not right, ill consider and admit if Im wrong, if that seems to be the case. But I dont think religion allows you to decide you get to flex muscles. The constitution says you have a right to practice your religion--and the Supreme Court, from what I understands, puts limits on the role of government and religion--but does not mean that you get to engage in every ceremony and nuance you so choose.
Glen K Dunbar May 15, 2012 at 09:23 pm
Well, if we pay a common charge that is fine. But, some condos (no names mentioned) still want to tell you what you can and can't do IN the house. VERY unfair. Also, for the inside how come like for example they have the right to tell you what type of AC you can have or not have. and there are other rules too that are dumb.
GLEN
Tom Falconieri May 15, 2012 at 09:52 pm
The reason they are called CONDOES is simple. THEY want to CON YOU OUT OF YOUR DOUGH.
Christine E. May 15, 2012 at 10:20 pm
Probably because Air Conditioning effects the outside of the property. The Compressor sits outside. Window units sit on the outside of the window. It's very simple.
--- May 16, 2012 at 12:15 am
Luca,
I see where I messed up. I had erroneously read your comment to me about 'rights being trampled on', and thought you had later wished to attribute it to my wording. Long story short, I messed up, and I offer my apologies for the misreading of what you said! Now then. Let's get back onto topic, shall we? You said in your last comment to me: "But I don't think religion allows you to decide you get to flex muscles. The constitution says you have a right to practice your religion--and the Supreme Court, from what I understands, puts limits on the role of government and religion--but does not mean that you get to engage in every ceremony and nuance you so choose." Allow me to retort, if I may. By your own words you acknowledge that our Constitution says we can practice our religion. On this we agree. Most definitely. You have expressed distaste in condo owners displaying religious imagery/displays on the doors of their condos. Please explain this apparent contradiction. Continued below...
--- May 16, 2012 at 12:17 am
...continued from above...
You and I would both agree that if a person's religion demanded they kill a female virgin every full moon to appease their god, that that would be crazy. An extreme example, but bear with me. Slaughtering humans in the name of religion is distasteful, indeed. Now, in the light of freedom of religion, how is it so distasteful that a private citizen displays a religion image/decoration in public view, in a condo complex, when they have been given the right to do so? Is it that their imagery is offensive to a non-believer of said religion, or is it somehow a gross violation of our Constitution? I look forward to your answer, should you wish to continue this dialogue. In easier terms, I reckon my question of you is that do you feel your rights are being trampled on by allowing someone to express their faith via freedom of religion? Are you an atheist who simply despises religion and all elements thereof? Or do you look at it from a secular angle, using the phantom 'separation of church and state' mindset which isn't even in our Constitution, but is found instead in a letter Thom Jefferson wrote to the Danbury Baptists?
--- May 16, 2012 at 12:20 am
LOL! That's gonna leave a mark!
Ade May 16, 2012 at 12:57 am
Glen - Did you use a realtor or a real estate attorney for either the selling of the house or the buying of the condo? They probably should have explained the possibility of capital gains tax to you and perhaps given you some guidance on what you could do to off-set it. I'm pretty sure a single person can earn up to $250k in profit on a house sale and a couple up to $500k before having to pay gains.
Brian Harte May 16, 2012 at 02:29 am
@Luca: We hold these truths to be self-evident, ... they are endowed ... with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. This would be from the "Declaration of Independence."
The 1st Amendment to the Constitution of the US: The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Here we are seeing the government reinforcing a) the separation of church and state in that it apparently needs to be a reminder on occasion to some and b) that you are speaking of private residences, under a collective. This does not narrow the gap that an unregulated non-governmental, rather private, association can impose upon those otherwise protected by state law and constitutional rights under the state and the US government. Realize something - if you will - it seems to be that you are hanging your hat on aspects that do not pertain to condo or HOA ownership and that you would like to make that distinction clear. I would probably feel the same way if it were not for insight. You are not making an argument about Condo Law and unit owner rights, however - we are. @ Tom good sense of humor. :) Brian Harte President and Chairman CCOC
sebastian dangerfield May 16, 2012 at 05:31 am
Donald
Here is my response-- It has to do with your definition of religion. Am I personally offended by something hanging on a door? Not me. But do I feel as though it may offend someone else? Yes. So lets define what religion is. To me its both a belief system but also a cultural issue. Does a nativity scene bother me? Not at all--nor does a Star of David. But you could call Naziism a religion, if you adhere to my definition. So , the mezuzah that the woman hung on her door, she argued should not be prevented. She felt as though her belief system did not encroach on others. I have my doubts if she saw her next door neighbor paint a swastika on his door and adorn the outside of his condo with Iron Crosses, and paid homage to his late leader , Hitler, she may feel differently about the ability to worship a belief system. Same with Klansmen......all 'protected' by both free speech, and how you described a freedom to practice your cultural/belief system. Many people are comfortable in the more customary religions...but even something like Jehovahs Witness and the proselytizing door to door, may encroach on other people's sense of privacy and desire to be left alone. My idea, is that everyone gets to live their life as they see fit ---but they dont get to enroach on other peoples territory in doing so. My observation , is this new law, may invite unintended consequences...lets hope not, lets hope no klansmen prove a point
sebastian dangerfield May 16, 2012 at 05:42 am
brian---sorry i think i said constituion, and yes its the declaration of independence...not quite law, but ingrained in our culture --but if your point is, i cited the wrong document, i agree.
If you are saying legislators should have the right to impose obligations on condo assocations to allow for public worship, or the display of religious icons despite the objections of some tenants, ---whether or not it is law, I think its a slippery slope---and a bad decision.... my opinon..
Glen K Dunbar May 16, 2012 at 11:24 am
hi Abe. Morning buddy. For once You and I are having a..well...somewhat normal debate. Anyhow, My Mom DID use an Atty in town. A very honest and good one too. Not sure if He mentioned the Capital Gains thing. He might of. But, when we closed and I got my hands on that BIG check and we were debt free it got the best of me and I kind of went ape. As POA I can access funds. I just assumed we would pay tax only on the net check. NOT pay tax on the proceeds of the house. All they would allow us to do is deduct the $250K standard deduction. On the plus side...you will be proud of me Abe..I am/was greatful that we had the money to pay that unfair tax. Some people do not. Yet, now we are in dire straits and that is one reason you see my posts in such a panick.
Christine: I guess that makes some sence. What about the rules on what a person can or can't do on hanging religiious things on their door. I am NOT religious at all. I believe. But, not a big fan or religion. (NO lectures please folks) But, a person should be able to hang in pride whatever they want on their door. Moreover, why can the land lord make rules on pets???? That make NO sense at all. We pay a high common charge. We (my Mom) paid cash for our condo so to have all these nonsense rules I feel is unfair. Not just me. But, to anyone.
Glen K Dunbar May 16, 2012 at 11:25 am
p.s. Abe. Just so you know pal. If I had been able to use that money instead of throwing it away on taxes I could have done my other favorite hobby next to opera. I LOVE to play the stock market. :)
Will Wilkin May 16, 2012 at 11:51 am
Yes Glen, life imitates opera.
Diane Salls May 16, 2012 at 11:55 am
Can anyone refer me to a lawyer who will not charge me? Or not get paid till I do...I have a condo from hell. No insurance, no plans to put it back on, shingles falling off the roof, leaky roofs,grass so high the Canadian Geese from the lake heads barley are seen, bulk head rotted it leaks n stairs in bulk head rotted. Tired of fighting n paying lawyers to talk n read bylaws then be told yes u have a case but will cost u 5-10 grand retainer.Please Email me at Diane_salls2000@yahoo.com
--- May 16, 2012 at 12:21 pm
Luca,
I have read your response and can only say that I believe you want to live in a world where no one is ever offended for any reason. I don't think such a world exists, Luca. Someone, somewhere, will be offended at something. However, thank you for this thread of dialogue. It has been fun.
--- May 16, 2012 at 12:24 pm
Luca,
Then let us all endeavor to be a generic society, devoid of religion, opinions, likes, or passions, for surely someone will be offended or feel their rights are being trampled upon. It is not that legislators are imposing obligations on condo owners, Luca. It is that legislators are following our Constitution, despite the screams of a small minority of dissenters.
Noah Fence May 16, 2012 at 12:39 pm
Check the Connecticut Department of Corrections site for a list of upcoming parolees. I’m sure there’s a lawyer or three ready to be sprung who would be more than happy to work for a song (or a short medley).
sebastian dangerfield May 16, 2012 at 12:47 pm
donald--
again, you confuse the ability to be religious, and the constitutional right to pursue your own religion, with being able to do anything you want , under the pretext of it being religious. As you started to point out--there are limits. It appears my limits are at a different place than yours, but nevertheless, you also agree, that religion does not allow for everything. In terms of 'generic'--funny you mention this.... religion is very conforming...very dogmatic----asks people not to have opinions. It asks you to have faith, that supercedes opinion.
sebastian dangerfield May 16, 2012 at 12:54 pm
nope donald
I just dont like when government steps in to make preferences of religous beliefs over non-religious beliefs, and then certain people start mentioning the constitution as being protective of the one person. I can form a religion tomorrow that is called " The Church of "knock on the door of donald past 2am every day " and apparantly you would say " hey, ---what can i do-? Its part of the guys religion. I will just get woken up every night. No--I think that other people have rights as well.... and its a slippery slope when a mesuzah gets to be hung---because next up will be organizations that you may find offensive...
George P. Gombossy May 16, 2012 at 03:09 pm
Great debate folks. Let's take it up a notch and include your comments on www.ctwatchdog.com, which covers the same issues. Also, as a member of the CCOC executive committee I would love for all of you to sign up with us so you can have a voice in where we are going. Sign up is simple - www.ctcondoownerscoalition.com - the site is under construction and will be fully running in a month. Thank you, George Gombossy, editor ctwatchdog.com
Christine E. May 16, 2012 at 05:24 pm
Glen, What does paying cash for your condo have to do with Condo Association rules? In regards to the religious decor on doors, that's what this article is about...did you read it? Also....land lord? You only have a landlord if the condo isn't yours and you're paying rent. The rules regarding pets generally refers to dogs, and that's usually because the Condo Grounds are community property, and some pet owners don't clean up after their pets. Therefore, a lot of Condo Boards elect to institute a 'no pet' policy. Not all condo complexes are like that.
Glen K Dunbar May 16, 2012 at 06:07 pm
Christine: I just used the term landlord as I did not know the proper term. Ogre might be a better term. Drill Seargant. Rule Maker
I just scanned quickly over the story to be honest. I got the jist of it in a nutshell. Condo Ogre bosses want to tell people they can/ can't hang things on their door. to me that is really stretching it and violating the poor peoples rights As for the pets thing. I will not touch that except say it is still unfair
Christine E. May 16, 2012 at 07:39 pm
Glen,
Perhaps if you read it thoroughly, you would have noticed that the new bill allows people to hang religious decor on their doors, despite what Condo Associations think. So, you're complaining about something that's already been addressed. All this talk about Condo's being 'unfair'. You go into condo ownership knowing there is a 'governmental' body that tells you what you can and cannot do. The alternative to that would be buying a house, where you take care of everything yourself and have to listen to no one.
H.W. May 30, 2012 at 06:02 pm
Here are some uncomfortable questions. How likely is it that CCOC will take the side of a unit owner against HOAs and HOA attorneys? What is making a management company pass a Real Estate Exam really going to do to stop the intentional wrong-doing of an HOA? HOAs need to be sued. Period. HOA attorneys need to be sued. Period. But the harsh reality is that attorneys don't sue each other. Why? Because they all know each other - buddies. It's the Honor Among Thieves. And they are working together for their mutual benefit. You can choose to continue living with Alice in Wonderland, or you can live in Realville with me. Ice-skating uphill. I double dog dare CCOC or attorneys who serve on the CCOC board to file some lawsuits on behalf of unit owners who clearly have a case against their HOA. The only thing a unit owner can do is squeal like a stuck pig. HOAs and their attorneys banquet on unit owners. And we all know there will NEVER be any legislation that has any teeth to stop it.

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Creeky June 18, 2013 at 08:46 pm
FHA Exposed, you can rest. She turned herself in:Read More http://www.justice.gov/usao/ct/Press2013/20130604.html If you are looking for some comeuppance for those that kept this quiet, and handled what they could out of the public's eye, I wish you success in your endeavors, and the best of luck--I think you'll need it.
Thomas Paine June 18, 2013 at 10:21 pm
Creeky - For a dead guy, I try to keep busy: http://wilton.patch.com/blogs/thomas-paines-blog
Creeky June 18, 2013 at 10:59 pm
Thomas, you certainly do. I enjoyed "Outside the Box."
FHA Exposed June 18, 2013 at 01:51 pm
http://m.youtube.com/?reload=7&rdm=mokcsg2rc#/watch?v=Jcf0_3SA8xE
Creeky June 18, 2013 at 09:34 pm
Atticus, Ralph Arnone is next scheduled to appear in court on July 1st, at which point he isRead More expected to enter a plea. As an aside, one isn't supposed to go to bed and wake up still angry at the same thing, day in, day out, week in, week out, month in, month out... I'm not trying to give you a hard time. I care deeply about firefighters and I'm genuinely concerned about you. You were exposed to a lot of chemicals in your career. You may have some endocrine system damage or something causing an electrolyte disorder. This stuff starts out with things like joint pain and minor psychological implications but, it gets much, much worse. Get to the doc. Maybe you're just a spicy guy, maybe Ralph hurt you in some terrible way, or maybe you are sick and as a result, you'll be facing a much shortened a painful life. Honestly, I'm not trying to give you a hard time or pick a fight.