Condo 1/3 Rule - Connecticut

Started by DonaldN • 9 replies • 1189 views

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DonaldN (Connecticut)
Posts: 183

Posted:

This rule is in our Bylaws but I can't find it in Connecticut condo law sections - is it there and I just can't find it ??

TimB4 (Tennessee)
Posts: 21,059

Posted:

Don,

Perhaps you can cite some of the section of your documents that refer to the 1/3 rule which will provide some context for individuals not familiar with CT statutes.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Yes, Donald, as Tim suggests, help us out!

DonaldN (Connecticut)
Posts: 183

Posted:

Bylaws , Article II - Executive Board - Section 2.1 - Number and Qualification; Termination of Declarant Control -
(b) The terms of at least one third (1/3) of the Directors will expire annually, as established in a resolution of the members setting terms.

http://www.cga.ct.gov/2009/ACT/PA/2009PA-00225-R00HB-06672-PA.htm

http://www.cga.ct.gov/2011/pub/chap828.htm

the above links are from Ct. condo law .

GlenL (Ohio)
Posts: 5,491

Posted:

Donald, I doubt you'll find it in the law, it is a requirement unique to your condos in your by-laws. From the wording of what you posted, I would assume you have a board of nine serving three year terms, with a third of the positions expiring annually. Our CC&R's require a board of five serving two year terms, this year two positions are available, next year three because that is what our documents require.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Or a board of three with the one position available annually.

Studies show that 5 out of 4 people have problems with fractions

DonaldN (Connecticut)
Posts: 183

Posted:

GlenL, thanks for the response , we originally, many years ago, had a 3 member board initially with 1,2,3 year terms and then 3 year terms ; we expanded to a 5 member board but never changed the term and so we haven't been in compliance with the 1/3 rule for years ; I'm urging the current board and our property manager to consider changing the bylaws to 2 year terms.

This year we'll have 3 open seats, 1 next year, and 1 the year after as it now stands ; after my proposed bylaw change, 1 of those 3 seats will have a 1 year term since the predecessor had 1 year left - the other 2 seats will be for 2 years - so beginning next year we'll be back in sync with 2 seats expiring and 3 the following .

thanks again !!!!

TimB4 (Tennessee)
Posts: 21,059

Posted:

After checking the Connecticut Revised Nonstock Corporation Act, applicable if your Association is incorporated as a under this statute (most Associations are incorporated under similar statutes), I agree with Glen. It appears that that requirement only appears in your governing documents.

DonaldN (Connecticut)
Posts: 183

Posted:

Ok, thanks

TimB4 (Tennessee)
Posts: 21,059

Posted:

Since you started with only three directors, I believe that it was a method to keep the Association from creating 2 three year terms and 1 two year term (again when you only had three directors).

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