My Condo Association Is Threatening Foreclosure. Is This Legal in Connecticut?

 Posted on December 15, 2022 in Real Estate Law

When a person purchases a condominium or townhouse, there is usually an association that is responsible for the maintenance of the common areas of the condo or townhouse development. Along with the condo owner’s personal financial obligations for the unit, there are also financial obligations for the expenses that come with the upkeep and maintenance of these common areas. All owners are responsible for contributing condo fees that go towards paying these expenses.

Each association also creates its own bylaws – rules and regulations about what is required, what is allowed, and what is not allowed. These rules apply to all condo owners. Included in the bylaws is how much fines will be for any violations of these rules.

If a condo owner fails to pay their fees, fines, or any assessments, can the association take steps to have the owner evicted from the property? The answer to that question in Connecticut is yes.

Connecticut Condominium Law

The statute that addresses what condo associations are allowed to do is the Common Interest Ownership Act (CIOA). If a condo or townhouse owner fails to pay their required fees, the law does allow the association to suspend certain privileges; however, they are not allowed to:

• Prevent the owner or any other resident of the unit from entering the premises or common area

• Withhold any association services to the owner if this would endanger any individual’s health or safety

• Prevent the owner from participating in association meetings or voting in association elections

• Prevent the owner from seeking a seat on the association’s board

If the owner owes association fees, late charges, fines, interests, etc., the association may obtain a statutory lien on the unit. If the owner fails to pay the amount owed to release the lien, the association does have a legal right to move forward with foreclosure, even if the condo owner is fully current with their mortgage.

However, the state does require the following factors to be in place before the board can take such serious action as foreclosure:

• The owner owes a sum that is equal to at least two months of the association’s common expense assessment

• The association has issued a demand for the payment

• The association’s executive board has either a standard policy in place for foreclosing on units or they have taken a vote to pursue foreclosure against the unit owner.

Contact a Stamford, CT Real Estate Attorney

If you are a condo owner and your condo association has placed a lien against your unit and/or is threatening foreclosure, call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free and confidential consultation with a Fairfield County real estate litigation lawyer to find out what type of legal options you may have to save your property.

Source:

https://www.cga.ct.gov/2012/rpt/2012-R-0196.htm