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NEWS FLASH! Update on Connecticut HB 6477 and HB 6513

Started by BruceF1 • 33 replies • 1979 views

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BruceF1 (Connecticut)
Posts: 2,535
Posted:
The folks in Hartford are working feverishly all weekend to try to get through all the legislation before the deadline of midnight on Wednesday.

Here's the latest news I received this morning:

HB 6477: This is the one that extends the time limit for filing liens. Back from committee and passed by the house. Now on the Senate calendar.

HB 6513: This is the really BIG news! The Senate has amended the bill and rendered it practically useless! The amended version of the bill was passed unanimously by the Senate and immediately sent back to the House.

What the Senate has done is to amend the bill so that it affects only those associations, or combination of associations, that consist of more than 2,400 units. For those communities of 2,400 units or less, nothing changes. The voting requirement regarding the budget remains as it is under the present CIOA.

The way I see it, this likely means the bill applies to one, and only one, Connecticut community. For the rest of us, it's business as usual, just as it has been done under the present CIOA. For small associations like yours and mine, Don, nothing changes.

Of course, this assumes the House accepts the amendment, or that they work out some compromise.

It ain't over yet, folks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yeah it is always best to have more government involved in your own HOA... Sarcasm included there...
Former HOA President
SharonH9 (Virginia)
Posts: 216
Posted:
Quote:
Posted By MelissaP1 on 06/02/2013 5:08 AM
Yeah it is always best to have more government involved in your own HOA... Sarcasm included there...

Yes it is too bad. But it has to be that way. There is too much corruption and incompetence in many a HOA today. I'm not saying all of them but from the number of posts I read on this forum there are certainly a lot of problems. From liens to foreclosures to open meetings, open records, etc. Some of these are complicated legal matters that must be complied with to protect the homeowners rights.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sharon

Once the Declarant is out of the picture and the owners are in control, most of the issues revolve around late dues payments and a few that believe that "the docs" mean nothing and/or do not apply to them.

What we do see a lot of on this chat are the Chief Complaining Officer types that exist everywhere. Generally this type person did not get far in life so they rarely had to be paid attention to. We have to pay attention to our fellow owners even if they are fools, senile, out of touch, cannot add 2 and 2, wear tin foil hats, are hoarders, have big egos, etc.

We have met the enemy and he is us............LOL

JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 5:48 AM
Posted By MelissaP1 on 06/02/2013 5:08 AM
Yeah it is always best to have more government involved in your own HOA... Sarcasm included there...


Yes it is too bad. But it has to be that way. There is too much corruption and incompetence in many a HOA today. I'm not saying all of them but from the number of posts I read on this forum there are certainly a lot of problems. From liens to foreclosures to open meetings, open records, etc. Some of these are complicated legal matters that must be complied with to protect the homeowners rights.

And MORE government regulations like that detailed by Bruce is the answer???? Good luck with that.

You can't pass a law that includes a remedy for the apathy and disinterest many HOA property owners suffer from. And no law will do the work necessary when the homeowners have decided it is just to damn tough to change things.

Yes more politicians at work accomplishing very little and proud of it.....
SharonH9 (Virginia)
Posts: 216
Posted:
Quote:
Posted By JohnC46 on 06/02/2013 6:28 AM
Sharon

Generally this type person did not get far in life so they rarely had to be paid attention to. We have to pay attention to our fellow owners even if they are fools, senile, out of touch, cannot add 2 and 2, wear tin foil hats, are hoarders, have big egos, etc.


You can certainly say the same thing about the people serving on the BOD. lol
JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 6:56 AM
Posted By JohnC46 on 06/02/2013 6:28 AM
Sharon

Generally this type person did not get far in life so they rarely had to be paid attention to. We have to pay attention to our fellow owners even if they are fools, senile, out of touch, cannot add 2 and 2, wear tin foil hats, are hoarders, have big egos, etc.



You can certainly say the same thing about the people serving on the BOD. lol

If you allow such folks to serve on your Board as you suggest then it would be you who is the fool.

If you bother to go just a little deeper it is not the Board members who are to blame it is in the end the owners who many times sit back and are willing to do nothing but whine and complain about HOW BAD THEY HAVE IT......
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Bruce

Where did the 2,400 number come from? Sort of like saying well we did not want this so let us put such a big number on it that it will apply to very few.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Exactly JohnC. I caught onto that large number as well. Seems Bruce said only one seemed to fit that criteria. Which leads me to think they don't want to pass this or the starter of this bill lives in that HOA with over 2,400 members...

Bruce, don't take my sarcastic comment as "mean". That is not it's intent. Take a look at Florida HOA laws... The most screwed up legislative bunch of HOA laws possibly on record. The reason? People looking OUTSIDE their HOA for answer and regulations. Looking for a way for MORE enforcement of their rules. Like trying to make a HOA rule violation truly against the law that police can get involved. That is what in the end by going to the legislature or court that people who advocate these rules will end up with. A chance of now having HOA members arrested or subject to punitive damages because they did not mow their grass to the right height.

The laws that already exist for HOA's exist already for the "common man". Someone does not pay them for property or work completed? They can go get a lien for it. Why should a HOA modify that right for themselves? The end result of not paying a lien is foreclosure of that lien or taking back the item. It's not rocket science here.

The problem is people going outside their HOA no matter how good their intentions or circumstance may be. It's NOT an "One size fits all" situation. Going to the State level now forces everyone in your state to deal with your HOA's issues. Not everyone has an issue with getting a lien processed in time as your bill suggests. I had a 6 month we liened policy in place. End of story. Why make some kind of extension law in your state about it? Makes no sense when it is something your HOA can do within it's own policies. A HOA makes it's rules by the people for the people. Looks like if you have issues with the rules, you go find out how to change them there and do...
Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
John asks: "Where did the 2,400 number come from? Sort of like saying well we did not want this so let us put such a big number on it that it will apply to very few. "

Exactly. As I recall, at a recent budget vote at a certain large adult community here in Connecticut, a majority of those that bothered to vote were in favor of rejecting the budget. However, because there was a small number (about 500 units or so) that did not vote, the required majority of ALL homeowners who must vote to reject the budget was not achieved. As a result, the budget was approved according to existing law. A large number of unhappy homeowners met with local state representatives and senators and pushed for a change in the law. The result was HB 6513.

Apparently, a few senators felt that HB 6513 would result in difficulty for smaller associations to get budgets approved, thus making it increasingly difficult to meet expenses when costs increase because of inflation. So, they introduced an amendment to HB 6513 that effectively makes it apply to only the community that complained.

I don't think the number 2,400 came out of thin air. It so happens that this large community consists of about 2,500 units. My guess is that the number 2,400 was selected to make HB 6513 apply to just that community, thus leaving most other, if not all, communities in Connecticut unaffected. A perfect example of politics in action.

Melissa,

I did not take your comment as mean. I think you are right on. Here is an example of legislation that is clearly intended to meddle in the affairs of a single HOA community.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Thanks Bruce for not taking my sarcasm as mean. It is one of those be careful of what you wish for kind of things...I have seen some crazy laws created by HOA members in all states. Just understand when you get all gungho to go to your legislator you should go to your members.
Former HOA President
JonD1
Posts: 2,350
Posted:
And Melissa makes a good point how can you pass any law that applies to every HOA?? At the state level you simply can not.

But when you have folks who look for the easy way out, have no real understanding of how an HOA operates, most have never served on the Board in their own property, they wish to now force their views onto ALL HOAs.

Sounds like another productive session in the CT statehouse. Pass one bill that applies to one single property in the state. Time for a break now after all that hard, ground breaking, HOA improving work. And my guess you state would be no different or worse.

Yes more government that's the answer! More laws, more politicians, more money down the crap hole accomplishing ZERO.....
SharonH9 (Virginia)
Posts: 216
Posted:
There's no point then in having any HoA laws because in Jon's world all HOA's are perfect and all-knowing and they never, never make a mistake or make bad decisions or have their own personal agendas. And they always make the best decisions for the members. And you better not question him because he is right so don't call him, don't knock on his door, and don't ever send him an e-mail.

NEWS FLASH! There is a reason that lawmakers make these laws. It's because there has been some abuse of power so the laws are made to protect the homeowners.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
NEWS FLASH Sharon... REALITY... Legislatures only make law the citizen REQUEST we make laws for. Meaning it took some HOA members who believe their HOA is "Out of control abusive law breakers" to go to them to make the laws. Legislator's don't wake up in the morning and go "Gee what law can I try to pass onto the citizen's who got me elected today?". They have phone numbers and supporters for a reason. To hear from what the people want.

It works like that in your HOA as well. Look at your documents or better yet READ your documents. If you don't like the rules, you can change them! It even describes how and by how much of a vote. It even allows you to remove the people in the board positions you don't think are acting for the best of the community. Imagine that? Your issues with your HOA when they are owner operated allows for the majority of voters to make the rules they want to live by. You all want to spend money on painting the roads red? Well guess what you can! You want to make a policy only licensed and insured contractors can get hired... You can! It's NOT the MC/PM choice. It's the owner's choice! Just have to have the majority vote it requires to make the changes and have the money shared amongst ALL of you.

PS. Many legislators live in HOA's themselves...Some may have even started out on their HOA board... So yes, those legislators you bug to get a law created may just recognize if it's crazy or not. So they modify it just like they did with this Connecticut one... I smell on this law trying to pass, the lawmakers are HOA livers...
Former HOA President
SharonH9 (Virginia)
Posts: 216
Posted:
Again Melissa you assume to know what every HOA is like and how one can just simply change the rules. Not that simple! In fact in my HOA, the Board makes and changes the rules. The members have no say except to vote them out of office. And that is not simple either as there are very few of my neighbors interested in being on the BOD.

My point is there is HOA abuse out there. Sometimes the laws are the only means of protection for the homeowners.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 11:43 AM
There's no point then in having any HoA laws because in Jon's world all HOA's are perfect and all-knowing and they never, never make a mistake or make bad decisions or have their own personal agendas. And they always make the best decisions for the members. And you better not question him because he is right so don't call him, don't knock on his door, and don't ever send him an e-mail.

NEWS FLASH! There is a reason that lawmakers make these laws. It's because there has been some abuse of power so the laws are made to protect the homeowners.

You see Sharon you serve as an example of folks who haven't got a clue.
I NEVER said all HOAs are perfect. Only a fool would make such a statement. Just a delusion you hold in your mind to serve your point of view. Do you serve on a Board Sharon?? Have you ever held an office on a Board? What type of practical hands on expierence do you in fact have???

As I have told the story before I will make this recap short. I moved into a property. The Board was made up of zipper heads, idiots, and arrogant do nothing wanna be's who had run the property poorly for over 20 years. Rather then whine about the situation I joined the Board. Outnumbered 8-1 I worked behind the scenes for YEARS getting people on the Board who might work with me. One year at our annual elections the President, VP and Treasurer were ALL voted out. Over 50 years of service over. I did not rely of the state government. Look and Cal. and Fla. and you can see and hear how those experiments don't work. And you have Bruce's state where we passed one law for one property and some folks like you think this is accomplishing something. If you had 1000 properties in your state how many years before you get the law that suits you???

So Sharon I will leave you with this. Some people have the ability to think outside the box. Obviously you are not one of them. Some people have the ability to retain what others and have said and not twist their words to suit their agenda. Again you are lacking in this area. And some people are willing to do what needs to be done rather than waiting for someone else to fix your own problems. THAT'S YOU!

So in the future try to pay attention and follow along. Try to consider other possibilites rather than those that will not work. And try to consider the strong possibility that it is YOU that is the problem...
Time to put your BIG girl pants on and be responsible for yourself not whime that the government should do it for you.....

JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 12:16 PM
Again Melissa you assume to know what every HOA is like and how one can just simply change the rules. Not that simple! In fact in my HOA, the Board makes and changes the rules. The members have no say except to vote them out of office. And that is not simple either as there are very few of my neighbors interested in being on the BOD.

My point is there is HOA abuse out there. Sometimes the laws are the only means of protection for the homeowners.

Maybe you and your nieghbors should borrow a pair and start doing what needs to be done rather than coming to sites like this and accomplsihing litle other than whining.....

Oh...It's tough to elect new Board members.... Oh... It's tough to get my neighbors to get involved..... Oh....It's tough change the rules without being on the Board..... Oh it's just to tough for me to do anything........What a sad sack story....

LETS HAVE THE GOVERNEMNT PASS A LAW THAT GIVES MY WHAT I WANT!
SharonH9 (Virginia)
Posts: 216
Posted:
oh blah blah blah Jon. You bore me with your smug and holier than thou attitude. Maybe you should borrow some and learn to live in the real world where there is some corruption and mismanagement in HOAs. You use this forum to belittle and criticize people who come to this site for information and advice and sometimes to vent. If you have read any of my previous posts you would know that I am running for my BOD and have volunteered to serve on committees. As far as my credentials I have worked in education my entire adult life. I can assure you that I have a lot of skills to offer my HOA. One of them is being an objective voice for the members. I probably know more about my HOA than the current BOD because I have educated myself about Iowa laws and have read and reread and reread the governing documents.

Jon you obviously cannot handle any criticism or you wouldn't continue to have to have the last word. So go for it!!
JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 3:32 PM
oh blah blah blah Jon. You bore me with your smug and holier than thou attitude. Maybe you should borrow some and learn to live in the real world where there is some corruption and mismanagement in HOAs. You use this forum to belittle and criticize people who come to this site for information and advice and sometimes to vent. If you have read any of my previous posts you would know that I am running for my BOD and have volunteered to serve on committees. As far as my credentials I have worked in education my entire adult life. I can assure you that I have a lot of skills to offer my HOA. One of them is being an objective voice for the members. I probably know more about my HOA than the current BOD because I have educated myself about Iowa laws and have read and reread and reread the governing documents.

Jon you obviously cannot handle any criticism or you wouldn't continue to have to have the last word. So go for it!!

So the answer to the question is NO you do not hold a position on your property's Board. Check

I had asked about "practical skills" just what constitutes "worked in education" do you teach or do you work in a school setting??

"Objective voice for the members." Just what does that mean in reality?? I know in La La Land that is all touchy feely good stuff but lets be real...Just your run of the mill wishful thinking from someone who has no idea.

And concluding that you have much to offer simply because you have read and reread the state laws and documents shows me you have little real understanding of what it takes to operate a property day to day. You read it in a book once...

It's not your "criticism" that bothers me Sharon it is your arrogance in telling yourself you now know more than the current Board members because you read the state laws. My I bet the other can't wait to have you join the Board so you can amaze them with all they don't know. What a way to make friends and build productive relationships! SHARON IS HERE AND SHE KNOWS MORE THAN ANY OF YOU!

That you have so much to offer when in fact you don't hold an elected position on the Board. Never done the job but of course you would be the best!

And I worked 33 years actually doing things each day. Rather than talking all day about things I had never actually done. I have volunteered my time for 26 years and while serving as President for the last 10 years have increased our property's assets 15 fold! But now Sharon from Iowa who has yet to sit on a Board concludes she in fact knows better. Because she says so. And because she misrepresents what others have said in the hopes no one will call her on it. Yeah Sharon you have lots to offer.

Lets see how you do as that objective voice for the neighbors who can't be bothered. If you ever get yourself elected. Lets see what happens when situations arise that were not covered in all the paperwork you read. Lets see what you think and what you accomplish IF you actually ever serve. My guess not much more than lip service.

Sharon there are people that DO in their lives and people who can't do more than talk about things they know nothing about first hand. You are a talker, a know it all, someone who thinks everything you need to know is in a book or document. That is NOT the real world.

So please go off and dazzle someone else with all you think you know.....

SharonH9 (Virginia)
Posts: 216
Posted:
Jon,

My boredom with you is actually waning. I am quite entertained by your useless banter and larger than life ego! It is quite comical. Keep up the good work and keep us all entertained.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/02/2013 4:56 PM
Jon,

My boredom with you is actually waning. I am quite entertained by your useless banter and larger than life ego! It is quite comical. Keep up the good work and keep us all entertained.

Sharon the wanna be Board member who has not served a single day but knows all. Now that's comical..

If you can't do anything in your life TEACH.. or if you can't teach work in a school...
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sharon

You say one can run for the BOD but no one new is ever elected as no one cares. If so, has it ever occurred to you that your fellow owners like the way the association is operated and do not want change?

Just some food for thought.
SharonH9 (Virginia)
Posts: 216
Posted:


Sharon the wanna be Board member who has not served a single day but knows all. Now that's comical..

If you can't do anything in your life TEACH.. or if you can't teach work in a school...

I'm the superintendent of toilet cleaning and am highly qualified to get the sh$$ off of my board.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By SharonH9 on 06/03/2013 9:27 AM

Sharon the wanna be Board member who has not served a single day but knows all. Now that's comical..

If you can't do anything in your life TEACH.. or if you can't teach work in a school...


I'm the superintendent of toilet cleaning and am highly qualified to get the sh$$ off of my board.

Good to hear you were promoted!

Please relay your opinion of your fellow Board members to them if and when you ever get elected. I am sure that will start things off on the right footing......

Good thing building personal relaionships is not needed with Board service....
SharonH9 (Virginia)
Posts: 216
Posted:
Quote from JonD1

The Board was made up of zipper heads, idiots, and arrogant do nothing wanna be's who had run the property poorly for over 20 years. Rather then whine about the situation I joined the Board. Outnumbered 8-1 I worked behind the scenes for YEARS getting people on the Board who might work with me.

Wow, maybe you should take your own advice and it wouldn't have taken you 8 years to build relationships that you could only build behind the scenes.

Well, enough back and forth between you and me. It's not productive and is rude to the people coming to this site to get and give information. My apologies to you all. Lets move on.

ValerieS2 (Michigan)
Posts: 244
Posted:
Sharon, JonD1 has some deep insecurity issues illustrated by his vigilant outrage over post daring to suggest that oversight is a good idea.

Checks and balances exist in all major factions of our government for a damn good reason.

HOA's are basically miniature governments.

A reasonable amount of oversight and protection under the law is a GOOD thing. It just might keep one or two of the nutcases in check.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By ValerieS2 on 06/03/2013 12:37 PM
Sharon, JonD1 has some deep insecurity issues illustrated by his vigilant outrage over post daring to suggest that oversight is a good idea.

Checks and balances exist in all major factions of our government for a damn good reason.

HOA's are basically miniature governments.

A reasonable amount of oversight and protection under the law is a GOOD thing. It just might keep one or two of the nutcases in check.

Valerie just making it up as you go along.......

So now you have determined HOAs are miniature goverments when most are in fact corporations. YOUR claim is straight out of the anti-HOA handbook.

So in many cases the checks and balances you seem to be so fond of for government agencies DO NOT apply today in the real world to HOAs. For example Sun Shine Laws.

Now maybe you and Sharon can spend a few years psuhing for that in the hopes it might get you where you wish to go. Perhaps though it might be helpful if Sharon actually gained a Board seat before she fights to change things in a way that suits her.

Yes Sharon read the By-Laws and now knows it all and you have ruled HOAs are governemnt entities contrary to existing law sounds like a match made in heaven....

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sharon

I repeat the question:

You say one can run for the BOD but no one new is ever elected as no one cares. If so, has it ever occurred to you that your fellow owners like the way the association is operated and do not want change?
SharonH9 (Virginia)
Posts: 216
Posted:
Quote:
Posted By JohnC46 on 06/03/2013 4:39 PM
Sharon

I repeat the question:

You say one can run for the BOD but no one new is ever elected as no one cares. If so, has it ever occurred to you that your fellow owners like the way the association is operated and do not want change?

I have been sued twice. Two other homeowners have been sued twice. One homeowner sued the association once. Another homeowner is under the threat of a lawsuit in the near future. Police have been called for a disturbance between a homeowner and a board member. A restraining order has been issued between a homeowner and a board member. There's more but I will spare you the details. Keep in mind there are only 25 homes in the development. Only 10 homes are lived in year round (including mine.) The rest are seasonal vacation homes.

I would not characterize the members as liking the way the association operates. It's a very dysfunctional neighborhood. The only thing keeping the association going is the common sewer that requires money for maintenance.

IMO there was a board member who was very assertive and aggressive and he just happened to have a law degree. The other board members basically let this one person take control. And the president has a big ego and he doesn't think anyone should question him. So the combination of the two was a poison on the association. Fortunately one of them has moved.

So to make a long story short I believe the homeowners just want to be left alone, pay their dues and sewer fees, and not be bothered with what the association is doing as long as it does not affect them.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Getting back to my OP, the House has now accepted the Senate's amendment to HB 6513 and passed the bill as amended. So, we now have a bill that affects only one HOA on its way to the governor for signature.

While they were at it, the House also passed a bill that bans municipalities from banning specific breeds of dogs. Golly. You mean some municipalities were actually practicing breed profiling>
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes there are areas that practice "breed" profiling. We have it here in Alabama by each county. It's mostly toward "Vicious" breeds like the Doberman, Pitt Bull, and Rottweillers. Although the more official "Vicious" breed with the most bites are the Datsun, Jack Russell, and Chihauah. They are trying to find a way to stop the dog fighting rings without actually coming out and "Profiing". It's just known that these laws are for cutting back on dog fighting and puppy farms.

Again there are some rules that make sense and do need regulated by the government. However, if your already in a situation like a HOA where are there are existing rules then you should go there first to fix and live under.
Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MelissaP1 on 06/04/2013 7:00 AM
Yes there are areas that practice "breed" profiling. We have it here in Alabama by each county. It's mostly toward "Vicious" breeds like the Doberman, Pitt Bull, and Rottweillers. Although the more official "Vicious" breed with the most bites are the Datsun, Jack Russell, and Chihauah. They are trying to find a way to stop the dog fighting rings without actually coming out and "Profiing". It's just known that these laws are for cutting back on dog fighting and puppy farms.

Again there are some rules that make sense and do need regulated by the government. However, if your already in a situation like a HOA where are there are existing rules then you should go there first to fix and live under.

Interesting.

Apparently, there are some Connecticut municipalities (I'm not referring to HOAs) that tried to ban "vicious" dogs by banning specific breeds. However, the state legislature is saying, through a bunch of bills this year, that towns and cities cannot ban specific breeds, although they can adopt "vicious dog" ordinances. They have also passed bills regarding dog fighting and puppy farms.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I should also mention that Alabama does have a "Coon Dog" cemetery exclusively for ONLY Coon dogs to be buried in. The dogs to be buried there are profiled before planting so to speak... By the way, if you see the movie "Sweet Home Alabama" the cemetery is not in south Alabama but in north Alabama. They moved the location for the movie.
Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MelissaP1 on 06/04/2013 7:22 AM
I should also mention that Alabama does have a "Coon Dog" cemetery exclusively for ONLY Coon dogs to be buried in. The dogs to be buried there are profiled before planting so to speak... By the way, if you see the movie "Sweet Home Alabama" the cemetery is not in south Alabama but in north Alabama. They moved the location for the movie.

That's Hollywood for ya!

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