We Get Results.
We Give You Solutions.

We are the advocates on whom home owners associations (HOAs) and real estate owners rely when they have legal concerns. We are Bender Anderson and Barba, P.C.

We Get Results.
We Give You Solutions.

  1. Home
  2.  » 
  3. Real Estate Law
  4.  » When can associations refuse to act against a violation?

When can associations refuse to act against a violation?

On Behalf of | Oct 9, 2023 | Real Estate Law

Connecticut law provides three resolution options for condominium-related disputes: participating in alternative dispute resolution (ADR) procedures, taking the conflict to court, or seeking intervention from the condominium association board.

Most of the time, the condominium association has discretion when addressing issues involving unit owners. The local Department of Consumer Protection (DCP) does provide registration for condominium boards, but it has little control over their regulation. As the primary authority on condominium disputes, the board has its set of policies and bylaws that could take effect based on the situation.

It can help address disputes and enforce appropriate sanctions accordingly. But sometimes, the board can refuse to implement any actions, depending on the circumstances, such as the following:

  • The relevant regulation may be unlawful
  • Resolving the violation is too costly for the association to cover
  • Taking action does not benefit or consider the association’s interest
  • Enforcement is not justifiable based on the association’s stand on the issue

If the incident meets these conditions, the unit owner might need other ways to resolve the dispute. Before making this decision, the association often holds proceedings or meetings as part of its standard process. This step might not resolve the conflict, but it can determine whether the board would impose any bylaws concerning the situation or recommend other options to address the conflict.

Enforcing the association’s rules

Some disputes can be straightforward, allowing the board to resolve them quickly. Other conflicts can be complex, necessitating extensive meetings and professional legal advice.

Instead of tackling disputes as they happen, associations can already include initial contract provisions that can support existing policies as needed. Doing so can provide direction when navigating the resolution process, especially regarding conflicts that might involve other laws beyond the association’s authority.