(a) A common interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real property subject to that declaration to the association. The declaration shall be recorded in every town in which any portion of the common interest community is located and shall be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration.
(b) A declaration, or an amendment to a declaration adding units, may not be recorded unless all structural components of all buildings containing or comprising any units thereby created are substantially completed in accordance with the plans, as evidenced by a recorded certificate of completion executed by a registered engineer, surveyor or architect.
(P.A. 83-474, S. 21, 96; P.A. 84-472, S. 9, 23.)
History: P.A. 84-472 made technical change.
Cited. 208 C. 318.
Cited. 38 CA 420; 44 CA 107.
Subsec. (b):
Common Interest Ownership Act allows for creation of common interest communities consisting entirely of airspace units; with such a community, requirement of substantial completion is inapplicable and the declaration may be filed prior to any anticipated construction of buildings within the unit. 282 C. 393.
Notes of Decisions
Alvord Inv., LLC v. Zoning Bd. of Appeals, 920 A.2d 1000 (Conn. 2007).
· cites it 10× “The defendants’ claim requires us to determine whether the declaration creating the West Main & Alvord Commercial Park was properly executed under the act, specifically General Statutes § 47-220 (b), 6 which requires that all units in a common interest community be…”
Grovenburg v. Rustle Meadow Assocs., LLC, 165 A.3d 193 (Conn. App. Ct. 2017).
· cites it 4× “2 *23 Consistent with the strictures of that act, the Declaration *198 of Rustle Meadow (declaration) was recorded on the Canton land records in January, 2006.”
Harbour Pointe, LLC v. Harbour Landing Condo. Ass'n, 14 A.3d 284 (Conn. 2011).
· cites it 4× “[16] I do not believe that the act, which was drafted to protect condominium purchasers from self-dealing developers, permits a declarant to lock unit owners into this disadvantageous scheme in the absence of their specific, informed consent. For all of these reasons, I…”
Cantonbury Heights Condo. Ass'n v. Local Land Dev., LLC, 873 A.2d 898 (Conn. 2005).
· cites it 2× “General Statutes § 47-220. 2 General Statutes § 47-202 (7) provides in relevant part: “ ‘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) real property…”
Wilcox v. Willard Shopping Ctr. Assocs., 544 A.2d 1207 (Conn. 1988).
· cites it 2× “It entails the drafting and filing of a declaration describing the location and configuration of the real property, development rights, and restrictions on its use, occupancy and alienation; General Statutes §§ 47-220, 47-224; the enactment of bylaws; General Statutes § 47-248;…”
Weldy v. Northbrook Condo. Ass'n, 904 A.2d 188 (Conn. 2006).
· cites it 2× “It entails the drafting and tiling of a declaration describing the location and configuration of the real property, development rights, and restrictions on its use, occupancy and alienation; General Statutes §§ 47-220, 47-224; the enactment of bylaws; General Statutes § 47-248 .”
Saybrook Point Marina P'ship v. Town of Old Saybrook, 712 A.2d 980 (Conn. App. Ct. 1998).
· cites it 4× “*110 I The plaintiff first claims that the trial court improperly concluded that its residential complex was properly assessed as condominiums, rather than as apartments.”
Griswold Airport, Inc. v. Town of Madison, 961 A.2d 338 (Conn. 2008).
· cites it 2× “8 The trial court also relied on the fact that a declaration of condominium had not been filed on the land records pursuant to General Statutes § 47-220. See Saybrook Point Marina Partnership v.”
Peck v. Milford Hunt Homeowners Ass'n, 953 A.2d 951 (Conn. App. Ct. 2008).
· cites it 4× “” General Statutes § 47-220 (a). General Statutes § 47-202 (32) of the act defines a “unit owner” as “a declarant or other person who owns a unit .”
— Conn. Gen. Stat. § 47-220(a) — 1 case
Grovenburg v. Rustle Meadow Assocs., LLC, 165 A.3d 193 (Conn. App. Ct. 2017).
“2 *23 Consistent with the strictures of that act, the Declaration *198 of Rustle Meadow (declaration) was recorded on the Canton land records in January, 2006.”
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