Connecticut General Statutes
Conn. Gen. Stat. § 47-74c (2026)
Declarant not to retain ownership interest in recreational facilities
✓ current as of May 2026
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The declarant shall not retain ownership of, and lease or otherwise require payment for the use of the recreation facilities nor shall the declarant convey such recreation facilities to any person other than to the unit owners of the condominium served by such recreation facilities, which shall be common elements of the condominium within which they are located or which they serve; provided any condominium may provide by its condominium instruments that by affirmative vote of the unit owners at any time after the unit owners other than the declarant have assumed or have the right to assume control of the unit owners' association under section 47-74b, all or part of the recreational facilities serving such condominium shall be conveyed to a nonstock corporation organized under chapter 602, the board of directors of which shall be composed exclusively of unit owners of the condominium served by such recreational facilities.
(P.A. 76-308, S. 23, 36; P.A. 96-256, S. 202, 209.)
History: P.A. 96-256 replaced reference to Ch. 600 with Ch. 602, effective January 1, 1997.
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Notes of Decisions
Cited in 2
cases, 2003–2011 · leading case: Harbour Pointe, LLC v. Harbour Landing Condo. Ass'n, 14 A.3d 284 (Conn. 2011).
Harbour Pointe, LLC v. Harbour Landing Condo. Ass'n, 14 A.3d 284 (Conn. 2011). “Examples include General Statutes § 47-74b, [8] which requires the termination after five years of any contract made by the declarant on behalf of the development if the contract is not extended by the unit owners; and General Statutes § 47-74c, [9] which bars the declarant *300…”
Celentano v. Oaks Condo. Ass'n, 830 A.2d 164 (Conn. 2003). “We also find support in General Statutes § 47-74c, 11 which prohibits the declarant of the condominium from retaining an ownership interest in any recreational facilities 12 and leasing the right to use such facilities back to the unit owners.”
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