Connecticut HOA Laws: A Comprehensive Guide

Managing a homeowners association (HOA) in Nevada starts with a comprehensive understanding of the relevant legislation. However, understanding legal terminology can be challenging, which is why we have drawn up this guide.

Here, we'll provide a detailed overview of the relevant state laws to give you a good idea of how community associations in Connecticut are to be run.

Keep reading to learn what common interest communities are, the roles and responsibilities of homeowners associations, what the law has to say about fines and foreclosures, and much more.

Starting with the Basics

Before we dive into the complex legal framework that regulates homeowners associations in Connecticut, let's first talk about what these organizations are.

In Connecticut, Homeowners Associations (HOAs) are community groups that govern and enforce the rules and regulations for residential complexes or neighborhoods.

These non-government entities are often made up of homeowners who work together to maintain the community's aesthetic appeal and property values by overseeing the upkeep of shared spaces and amenities, in addition to architectural requirements. 

Homeowners associations typically address concerns like landscaping, the maintenance of common areas, and the uniformity of architectural design. They may also charge homeowners fees to fund these operations.

While HOAs may provide advantages such as increased property prices and well-maintained common areas, they also compel residents to follow community standards, which can be a source of friction.

How Are HOAs in Connecticut Regulated?

Community associations are governed by state law that details how they are to be run. They are also subject to their own internal documents.

Certain HOA documents become public records when an association establishes its business as a legal entity. Community associations are required to file a certificate with supporting paperwork with the land records office in the county in which it is situated. You can head over to your local land records office to access these documents.

Incorporated homeowner's associations must file articles of incorporation as well as other yearly filings with the Connecticut Secretary of State. To obtain these records, you can go to the Secretary of State's website.

The Rights and Responsibilities of HOAs

It's important to understand the rights and responsibilities that homeowners associations in Connecticut have. These private entities have the right to establish and enforce community rules and regulations, manage common spaces, collect dues, and organize social activities.

They are in charge of maintaining and repairing shared infrastructure such as roads, parks, and landscaping, as well as ensuring that the community's standards are upheld.

Connecticut HOAs can also impose liens on homes in their community for unpaid assessments and, in some situations, foreclose on them if payment is not made. They must, however, follow state and federal regulations, and residents have rights, such as the opportunity to attend HOA meetings and contest decisions.

Conn. Gen. Stat. § 47-260(a) (and Conn. Gen. Stat. § 47-81 for condominiums created before the first of January 1984) states that community associations are required to prepare and retain detailed financial records and ensure that unit owners have access to this information.

To do this, you can use DoorLoop's intuitive HOA management software. We talk more about it later on in this article.

Connecticut HOA Laws You Need to Know About

If you are a member of an HOA's executive board, then it's important that you understand the state laws listed below. Keep in mind that it isn't possible to list all the laws that might apply to HOAs in Connecticut here, so it's important that you do some additional digging to learn more.

You can obtain legal counsel from a lawyer or read the legislation yourself. Go to the "Resources" section below.

Connecticut Nonstock Corporations Act

The Connecticut Nonstock Corporations Act governs nonstock corporations in terms of their organizational makeup and operation. Most Connecticut condominium and homeowners associations operate as nonstock organizations.

Connecticut Common Interest Ownership Act

This act can be found in Section 47 of Chapter 828 in the Connecticut General Statutes. It governs homeowners that form part of a common interest community and specifies regulations pertaining to the creation, administration, alteration, and dissolution of common interest communities.

In this act, a common interest community can be a cooperative, condominium, or homeowners association that was formed after the first of January 1984.

Connecticut Condominium Act of 1976

The Connecticut Condominium Act of 1976 controls the establishment, oversight, authority, and activities of condominium associations founded prior to the first of January 1984.

Connecticut Human Rights and Opportunities Law

Connecticut law protects the public's right to equal access to housing. According to this legislation, it is illegal for homeowners associations to discriminate against homeowners based on the following: 

• Color
• Sex
• Gender identity
• Marital status
• Creed
• Familial status
• Race
• National origin
• Age
• Source of income
• Veteran status
• Ancestry

Regulation of Community Association Management

In order to function as an HOA manager, Connecticut state law demands that individuals obtain a certificate from Connecticut's Department of Consumer Protection. It's important to remember that the Connecticut Real Estate Commission is in charge of upholding the law.

Community Associations May Levy Reasonable Fines for Violations and Late Payments

Connecticut homeowners' associations have the power to levy fines for the late payment of assessments and violations of any of the association's rules. The association's governing documents will specify the notice requirements, the value of the fine, and more.

A Homeowners or Condominium Association May Not Penalize Homeowners for Certain Things

The law makes it clear that HOAs are not allowed to fine community members for the following:

• Displaying the US national flag, provided it is done according to the rules described in the federal flag display law
• Installing antennas and satellite dishes
• Affixing religious items to the door frame of a property
• Putting in a charging station for an electric vehicle

Keep in mind that homeowners associations are allowed to create guidelines on how these items may be displayed.

Can HOAs Foreclose on a Home?

In Connecticut, homeowner's associations have the power to foreclose on a member's home due to unpaid liens. However, it's important to remember that the association may not act on a lien unless its value amounts to a minimum of two months' worth of dues.

When filing a foreclosure action, the homeowner's association must give the property owner a minimum of 60 days' advanced notice. This notice of foreclosure has to contain the total amount of overdue fees, the intention to foreclose on the property, the HOA's contact details, and options for paying the overdue amount.

Handling Disputes

If you are an HOA manager, board member, or executive, the chances are that you are going to have to deal with a complaint and/or dispute.

It's important to seek to have these disputes handled through mediation, as homeowners can file private lawsuits against HOAs if they feel that they have been treated unfairly, which could result in avoidable legal costs.

Knowing how to deal with complaints and disputes is an important part of the job, and to help you, we have written an article that includes a few great tips. You can find it here.

About DoorLoop's HOA Management Software

Do you need help managing your HOA in Connecticut? In that case, you can count on DoorLoop to help you meet your goals and remain compliant with the relevant state, federal, and local laws.

Our HOA management software has a number of valuable features that will help you oversee important tasks, prepare and maintain detailed financial records, communicate with residents, employees, and vendors, and store important documents.

When you choose DoorLoop, you are joining thousands of effective HOA managers who are successfully managing their associations by taking advantage of a plethora of innovative and specially designed features.

Our software is not only feature-rich but also quite easy to utilize, so you can rest assured that integrating it into your day-to-day workflow will not be a stressful process.

We also offer world-class assistance and free demos, which means that you can try it out before making any financial commitments. Contact us today to learn more about our property management software or to schedule a free demo!

Closing Comments

Community association managers, executives, and board members must have a working knowledge of the relevant legislation, and because laws are constantly being amended, it's important to remain up to date with the latest changes.

If you require assistance with preparing financial statements, tracking and receiving payments, storing documents, and communicating with members, then you need DoorLoop's HOA management software. With affordable packages, powerful features, and world-class support, there's no reason not to try it out for yourself.

To do so, get in touch with us today to schedule your free demo!

FAQs

1. Who can I contact for more information about community associations?

If you would like to know more about homeowner associations, you can contact the Connecticut Community Associations Institute or chat with a legal advisor for help navigating the various laws.

2. Is it mandatory that homeowners join an HOA in Connecticut?

If an individual buys a house in an area with an established homeowner's association, they must join and follow the HOA's regulations. This includes paying obligatory fees and adhering to the bylaws and restrictions.

Once the purchase has been processed, the unit owner should receive documentation that offers clarity on the association and its rules. 

When an association controls their property, an individual is not permitted to leave as they please. A resident can only leave a community association by selling their property or petitioning to have their home removed from the association. 

3. How can I dissolve a homeowners association?

The procedure for dissolving a homeowners association in Connecticut may be included in the organization's governing documents. However, if it is not, the community association can only be terminated if the motion to dissolve receives a vote of at least 80 percent of its members.

If residents choose to terminate the homeowner's association, the board must create a termination agreement, which they will then have recorded in the relevant county. Thereafter, the HOA will be considered dissolved.

4. Why is it important to use HOA management software?

HOA management software can transform the way you run your homeowners association. It does this by improving operational efficiency through the automation of administrative tasks, such as the collection of assessments, maintaining records, and communication.

In addition, property management software helps to improve transparency by making it easier for residents to obtain records and information. The use of this technology automates accounting processes, lowering the possibility of mistakes and ensuring proper budgeting.

It also fosters better communication among board members, residents, and property management companies. Furthermore, HOA software improves security by protecting essential community information.

Overall, it streamlines the management process, minimizes administrative work, and adds to a more organized, well-run homeowners association, which benefits both unit owners and community associations.

5. Can a Connecticut HOA enter a homeowner's private property?

In Connecticut, homeowner's associations have the right to enter a unit owner's home if it is necessary. Reasons for this might be for the maintenance of communal amenities or shared utilities.

The public places around the HOA-owned apartments, such as landscaped regions, are considered common components. Air conditioning systems, heating, and electrical power systems are examples of shared utilities.

Unless in the event of an emergency, homeowners associations must notify the residents before accessing their homes. Usually, an association will provide a minimum of one to two weeks' notice, but the organization's governing documents will define the requirements for notices.