Conn. Gen. Stat. » Title 47 — LAND AND LAND TITLES · Chapter 828 — Common Interest Ownership Act
Connecticut General Statutes

Conn. Gen. Stat. § 47-278 (2026)

Cause of action to enforce chapter, declaration or bylaws. Attorney's fees and costs. Alternative dispute resolution. Hearings before executive board

✓ current as of May 2026
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(a) A declarant, association, unit owner or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed by this chapter, the declaration or the bylaws. The court may award reasonable attorney's fees and costs.

(b) Parties to a dispute arising under this chapter, the declaration or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, provided: (1) A declarant may agree with the association to do so only after the period of declarant control has expired; and (2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties.

(c) (1) (A) Notwithstanding any provision of the declaration or bylaws to the contrary, and except as otherwise provided under subdivision (2) of this subsection, before an association brings an action or institutes a proceeding against a unit owner other than a declarant, the association shall schedule a hearing to be held during a regular or special meeting of the executive board and shall send a written notice by regular mail, to the unit owner at least ten business days prior to the date of such hearing. Such notice shall include a statement of the nature of the claim against the unit owner and the date, time and place of the hearing.

(B) The unit owner shall have the right to give testimony orally or in writing at the hearing, either personally or through a representative, and the executive board shall consider such testimony in making a decision whether to bring an action or institute a proceeding against such unit owner.

(C) Notwithstanding any provision of the declaration or bylaws to the contrary, the executive board shall make such decision and the association shall send such decision in writing by regular mail, to the unit owner, not later than thirty days after the date on which the hearing concludes.

(2) The provisions of subdivision (1) of this subsection shall not apply to an action brought by an association against a unit owner (A) to prevent immediate and irreparable harm, or (B) to foreclose a lien for an assessment attributable to a unit or fines imposed against a unit owner pursuant to section 47-258.

(d) (1) Any unit owner other than a declarant, seeking to enforce a right granted or obligation imposed by this chapter, the declaration or the bylaws against the association or another unit owner other than a declarant, may submit a written request to the association for a hearing before the executive board. Such request shall include a statement of the nature of the claim against the association or another unit owner.

(2) Notwithstanding any provision of the declaration or bylaws to the contrary, not later than thirty days after the date on which the association receives such request, the association shall schedule a hearing to be held during a regular or special meeting of the executive board and shall send written notice by regular mail, to the unit owner at least ten business days prior to the date of such hearing. Such notice shall include the date, time and place of the hearing. Such hearing shall be held not later than forty-five days after the date on which the association receives such request.

(3) Notwithstanding any provision of the declaration or bylaws to the contrary, the executive board shall make a decision on the unit owner's claim and the association shall send such decision in writing by regular mail, to the unit owner, not later than thirty days after the date on which the hearing concludes.

(4) The failure of the association to comply with the provisions of this subsection shall not affect a unit owner's right to bring an action pursuant to subsection (a) of this section.

(P.A. 83-474, S. 79, 96; P.A. 95-187, S. 26; P.A. 09-225, S. 43; P.A. 11-195, S. 4; P.A. 21-169, S. 4.)

History: P.A. 95-187 designated existing provisions as Subsec. (a) and amended said Subsec. to authorize court to award court costs and delete provision that authorized award of reasonable attorney's fees “in an appropriate case” and added Subsec. (b) to authorize parties to resolve a dispute by any form of binding or nonbinding alternative dispute resolution, subject to certain conditions; P.A. 09-225 amended Subsec. (a) to replace provisions re claim for failure to comply and punitive damages with provisions re action to enforce right or obligation under chapter, declaration or bylaws and substitute “costs” for “court costs”, and amended Subsec. (b) to substitute “has expired” for “passes” and “record authenticated” for “writing signed”, effective July 1, 2010; P.A. 11-195 added Subsecs. (c) and (d) re required and requested hearings before the executive board; P.A. 21-169 amended Subsecs. (c)(1)(A), (c)(1)(C), (d)(2) and (d)(3) to add provision re notwithstanding any provision of the declaration or bylaws to the contrary, delete provision re sending notices or decisions by certified mail, return receipt requested, and make technical and conforming changes, effective July 12, 2021.

Cited. 237 C. 123.

Cited. 22 CA 497; 38 CA 420.

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Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1990–2024 · leading case: Grovenburg v. Rustle Meadow Assocs., LLC, 165 A.3d 193 (Conn. App. Ct. 2017).
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Grovenburg v. Rustle Meadow Assocs., LLC, 165 A.3d 193 (Conn. App. Ct. 2017). · cites it 10× “21 *209 See General Statutes § 47-278 ; Bella Vista Condominium Assn.”
Fruin v. Colonnade One At Old Greenwich Ltd. P'ship, 676 A.2d 369 (Conn. 1996). · cites it 6× “General Statutes § 47-278. 12 CIOA further provides that the reme *132 dies contained in the act are to be “liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed, provided consequential, special or…”
Harty v. Cantor Fitzgerald & Co., 881 A.2d 139 (Conn. 2005). · cites it 2× “…31-51q; General Statutes § 31-290a; General Statutes § 35-53; General Statutes § 42-110g; General Statutes § 46a-98; General Statutes § 47-278; General Statutes § 52-240b. We further note that, in none of the aforementioned statutes has the legislature fixed the measures of…”
Vaccaro v. Shell Beach Condo., Inc., 148 A.3d 1123 (Conn. App. Ct. 2016). · cites it 2× “See General Statutes § 47-278 (a) ("A declarant, association, unit owner or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed by this chapter, the declaration or the bylaws.”
Grey v. Coastal States Holding Co., 578 A.2d 1080 (Conn. App. Ct. 1990). · cites it 4× “On the basis of these findings and conclusions, the court denied the relief of restoring 1A and 2B to their original condition, and declined to award punitive damages under General Statutes § 47-278. The plaintiffs had requested compensatory damages.”
Fruin v. Colonnade One at Old Greenwich Ltd. P'ship, 662 A.2d 129 (Conn. App. Ct. 1995). · cites it 2× “” General Statutes § 47-278. Remedies under CIOA are to be liberally construed so that an aggrieved party may be put in as good a position as if the other party had fully performed.”
Smith v. Coldwell Banker Real Est. Servs., Inc., 122 F. Supp. 2d 267 (D. Conn. 2000). · cites it 2× “§ 42-110g(a); and punitive damages awarded for a wilful violation of the Connecticut Interest Ownership Act under Conn.Gen.Stat. § 47-278. Under each of these statutes, the Court may award punitive damages, double or treble damages within its discretion.”
Bella Vista Condo. Ass'n v. Byars, 925 A.2d 365 (Conn. App. Ct. 2007). · cites it 8× “that the court improperly (1) found that the plaintiffs executive board was constituted properly to adopt the budgets of March 5 and December 4, 2003, to charge him common fees pursuant to those budgets and to initiate this foreclosure action, (2) found that he was the owner of…”
Canner v. Governor's Ridge Assn., Inc. (Conn. App. Ct. 2022). · cites it 8× “On appeal, Canner claims that the court improperly con- cluded that (1) his claim against Governor’s Ridge brought pursuant to General Statutes § 47-278 is time barred by the statute of limitations period set forth in General Statutes § 52-577, and (2) his nuisance claims are…”
Off. Condo. Assn., Inc v. Rompre (Conn. App. Ct. 2020). · cites it 7× “On January 2, 2018, the plaintiff filed a motion for summary judgment as to the counterclaim filed by Mar- guerite.”
Canner v. Governors Ridge Assn., Inc. (Conn. 2024). · cites it 6× “G and L commenced their actions in 2016 and 2017, respec- tively, pursuant to statute (§ 47-278 (a)). The initial complaints alleged that the defendant had negligently designed and constructed the founda- tions and, thereafter, had violated its duties under § 47-249 (a) by…”
White v. Latimer Point Condo. Assn., Inc. (Conn. App. Ct. 2019). · cites it 3× “1 General Statutes § 47-278 provides: ‘‘(a) A declarant, association, unit owner or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed by this chapter, the declaration or the bylaws.”
Show all 16 citing cases →
— Conn. Gen. Stat. § 47-278(a) — 1 case
Grovenburg v. Rustle Meadow Assocs., LLC, 165 A.3d 193 (Conn. App. Ct. 2017). “21 *209 See General Statutes § 47-278 ; Bella Vista Condominium Assn.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.