CT Office of Ombudsman for Condos and Common Interest Properties

Started by AnnD2 • 12 replies • 2268 views

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AnnD2 (Connecticut)
Posts: 76

Posted:

The Connecticut Condo Owners Coalition ([email protected]) has been working to help establish an Office of Ombudsman in CT. We have begun to awaken the eyes of our legislators to the needs of condo owners in CT. The following is one of several articles that have been published on this effort:

http://ctwatchdog.com/2011/04/04/seniors-at-risk-in-some-condo-associations

JamesG (Connecticut)
Posts: 83

Posted:

The more serious and difficult problem to overcome is the total apathy of most condominium residents. If they simply got more involved in their community, they would begin to understand and help deal with some of the difficulties of running such a "business." Most feel that someone else will do the work of making things run smoothly and someone else will deal with the problems - after all, since "I paid my fee, I have done my part."

AnnD2 (Connecticut)
Posts: 76

Posted:

Non-participation is a complicated problem and not so easily characterized. Some people are turned off by conflict, so if there were a away to resolve conflict more people would feel more inclined to get involved. Others haven't the time, because of family and work commitments. A lot of elderly don't have the physical or emotional strength to do battle with tyrants. Even so, many still can contribute, but it takes a creative and flexible board to investigate ways to encourage these people to get involved. Yes, some are free-loaders, but even those individuals can be dealt with through patience and perseverance. More to the point, there are many people who are simply shut out of the governance process by boards who have absolutely no intentions of sharing power with their neighbors.

I live in one of the latter kinds of condos. A small group has controlled things to an extent that people who started out wanting to participate have just given up trying. I haven't given up, but it may take legal action to get my board to follow the law....

Ultimately, the success or failure of a condo rests with the board and its management. Well managed communities encourage and foster participation. Poorly run associations push people away and turn them off....In my own community I have seen it go from greater involvement to great apathy, as the control has been monopolized by a few and the leadership has devolved into autocracy....

SandraM8 (Connecticut)
Posts: 2

Posted:

I am a member of the CCOC and find that growing numbers in membership will help with the advocacy for the rights of unit owners. As we continue to voice our concerns in numbers...the more successful we will be in a potential ombudsman office in CT. Articles, conversations and supporters are the key...Judiciary Committee voted in favor April 14, 2011...so a good first hurdle.

AnnD2 (Connecticut)
Posts: 76

Posted:

http://ctwatchdog.com/2011/04/18/ct-legislature-guts-proposed-condo-reform-legislation

Update on progress of legislation in CT....

GaryR6 (Connecticut)
Posts: 33

Posted:

Good job for all who fight to resolve issues in condo associations in CT

thanks Ann
Gary

StanleyS1 (Connecticut)
Posts: 3

Posted:

I am totally confused about Connecticut Laws
I note Condo, Coop and Common Interest
Can there be a HOA formed under the NonStock Corporation Act which is none of the above
even if the HOA owns some real property

AnnD2 (Connecticut)
Posts: 76

Posted:

I am not attorney, so I can't tell you all of the laws that apply to condos, coops and common interest properties in CT. I can tell you that the act that most often is called the condo act is Chapter 828 of the CT Statutes and that act was recently amended by http://www.cga.ct.gov/2009/ACT/PA/2009PA-00225-R00HB-06672-PA.htm. I do believe, there are elements of other statutes that also apply to both condos and to their management companies.

The fact is that there are many laws that protect condo owners in CT, but no means for enforcing these laws aside from litigation. Both of our recent Attorneys General tried to help with this oversight by introducing legislation that would have given their office some jurisdiction through their Department of Consumer Protection to help owners with problems. Those efforts were vigorously opposed by CAI-CT, the Connecticut Chapter of the CAI, who have paid lobbyists who have aggressively pursued CT legislators, focusing most recently on members of the Joint Judiciary Committee. So far, this opposition has been effective....

DanaB1 (Connecticut)
Posts: 319

Posted:

Stanley, I suggest that you start a new thread concerning your question as opposed to hijacking this one.

Concerning the attached link....
http://ctwatchdog.com/2011/04/18/ct-legislature-guts-proposed-condo-reform-legislation

I find this line funny.....

"Since it would not be funded by any moneys from taxpayers, it would be supported by a mere $4/unit per year users fee, paid through each association–much like the Secretary of State now collects fees."

A)I'm a taxpayer.

B) I live in a condo.

So here I am getting over taxed in Ct. already and now I have another tax just because I live in a condo.

Ann, I feel for you that your having problems with your board. At this point your option is to get 20% of your owners together to call a special meeting for the sole purpose of removing the board. Now make sure that when you get them removed you have a new group of people ready to take over. It's that simple.

I say that tongue in cheek as the most difficult thing about removing the bums you now have is getting a new group of bums to replace them. Not only a new group of bums but a new group of bums that "think like you".

Ann, if you can't get some other owners to join your cause then it's game over for you. Put the for sale sign on the door and look for a better place to live. Buyer beware. You have learned one of life's lessons. There are well run associations out there, you just have to find them.

Dana

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By StanleyS1 on 04/20/2011 8:27 AM
I am totally confused about Connecticut Laws
I note Condo, Coop and Common Interest
Can there be a HOA formed under the NonStock Corporation Act which is none of the above even if the HOA owns some real property

Hi Stanley:

I am having a difficult time understanding your exact question in that an HOA is generally set up as either a Non-Profit Corporation, Non-Stock Corporation, Limited Liability Corporation, etc. Therefore, also once set up they are also generally governed by also other statutes with regards to Condo, Coop, or Common Interest, etc.

What type of homes does your association consist of?

Hi Ann:

I would like to personally thank you in participating in an organization which appears to try to protect property owners. I am currently working on an ordinance to protect property owners in my community. LOL … I am currently starting at the local level and will move on to the state level. One advantage we have in my city/state is that it is not necessarily only the legislators who can pass statutes/laws, but the citizens can also take certain actions within the law to insure certain rights are protected. If something presented is not voted and passed by local or state government as essentially presented, we have the option of having the general public vote on said issue.

SandraM8 (Connecticut)
Posts: 2

Posted:

Stanley:
Have you been on a board/committee member/volunteer? How many in your community? Do you know your infrastructure? Are you familiar with your bylaws? Have you tried to oust a board member? Can you share your experiences to help us with ours? It is not so easy as you may say...have you walked in our shoes. I am to move condo? to condo? Why? We will not take the adult bullying or intimidation that many have in our state and it appears it is countrywide.

AnnD2 (Connecticut)
Posts: 76

Posted:

I'm always amazed, when I hear someone complain about a $4 per year users fee. The complaint seems disingenuous to me. Most people lose that much money in the folds of their sofas or between the seats in their cars without giving it a thought....I don't get it.

I also don't understand how someone can be so exercised over a pittance like $4 a year and not be concerned that their condo wastes huge sums of money through negligence and mismanagement. I undertook an exercise last year and went through all of the bills, receipts, contracts and estimates for my condo. I was astounded at how much money had been frittered away on projects that addressed individual's pet projects or that were outright waste. So, my question is, where is the outrage about the waste of money that results from poor management?

For $4 a year condo owners in CT and other states would have a place to go to address issues of mismanagement that would save money and has the potential of lowering monthly fees. That's the math and that's the reason we need this form of consumer protection.

DanaB1 (Connecticut)
Posts: 319

Posted:

Quote:

Posted By AnnD2 on 04/27/2011 5:32 AM
I'm always amazed, when I hear someone complain about a $4 per year users fee. The complaint seems disingenuous to me. Most people lose that much money in the folds of their sofas or between the seats in their cars without giving it a thought....I don't get it.

I also don't understand how someone can be so exercised over a pittance like $4 a year and not be concerned that their condo wastes huge sums of money through negligence and mismanagement. I undertook an exercise last year and went through all of the bills, receipts, contracts and estimates for my condo. I was astounded at how much money had been frittered away on projects that addressed individual's pet projects or that were outright waste. So, my question is, where is the outrage about the waste of money that results from poor management?

For $4 a year condo owners in CT and other states would have a place to go to address issues of mismanagement that would save money and has the potential of lowering monthly fees. That's the math and that's the reason we need this form of consumer protection.

Personally, if I thought that my $4 would be the fix all, cure all then I'd pony up my check now. But,in fact, it's not just $4; it's 4 "MORE" dollars. What with the additional amendments already in place to CIOA in Connecticut I feel that any member of an association has the ability to remove their board, if it has reached the point that their board needs to be removed.

The difficulty comes when an idiot board is running an association poorly and frustrated owner/owners can't motivate a majority of their fellow owners to see the light and remove said board or at least get the board to run ship shape.

Board members are voted in and board members can be voted out.

Been there, done that. Living in a condominium can be extremely frustrating as it teaches you much about your fellow man; and quite often it's not good.

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