Navigating Rule Changes in Your Condo Association: A Guide Under the Common Interest Ownership Act

As a condo owner, you're part of a common interest community where rules play a vital role in maintaining harmony, property values, and the overall quality of life. These rules, often set by your association's executive board, cover everything from aesthetic standards to unit usage. But how does your association properly adopt, amend, or rescind these rules? In Connecticut, the Common Interest Ownership Act (CIOA) provides clear guidelines to ensure transparency and fairness. At Bender, Anderson and Barba, P.C., we focus our practice on real estate and community association law, and we're here to break it down for you based on Section 47-261b of the Connecticut General Statutes.

Whether you're a unit owner curious about upcoming changes or an association board member seeking compliance, understanding this process helps prevent disputes and legal challenges. Let's walk through the key steps and considerations.

The Core Process: Notice and Action

The CIOA emphasizes due process, requiring your association's executive board to involve unit owners in rule changes. Here's the step-by-step guide:

1.      For any board meeting in which the discussion of adopting, repealing or amending a rule is intended, make sure that the agenda posted along with the Notice of that Board meeting includes an item addressing the Board’s plan.

2.      Pre-Action Notice – assuming the majority of the board votes to propose the new rule, amendment or repeal, notice of the Board’s intention must be sent to all owners with at least a 10 day notice and comment period.  This notice should include: 

- The board's intention to make the change. 

- The full text of the proposed new rule or amendment, or the text of the rule to be adopted, amended or repealed. 

- The specific date when the board will decide on the proposal, after reviewing any comments from unit owners. 

This step ensures owners have time to provide feedback, promoting a collaborative environment.

Post-Action Notice:

At the next duly scheduled and noticed Board meeting, the agenda for which includes the item (Eg.“discuss and vote on new rule”). The board votes on the rule.  Provided once again, that a majority of the board votes in favor of the measure, it is carried.  Once the board has adopted, amended, or repealed a rule, the association must promptly notify all unit owners of the decision. Along with this notice, include a copy of any new or amended rule. (Note: For repeals, the notice of action suffices, as there's no new text to provide.) 

Be sure that the board vote includes an effective date for the new rule.  This transparency keeps everyone informed and allows owners to adjust accordingly.

By following these notice requirements, associations avoid potential invalidation of rules due to procedural errors. Remember, all rules must be reasonable—arbitrary or overly burdensome ones could face legal scrutiny.

Special Considerations for Specific Types of Rules

While the general process applies to most rules, the CIOA includes tailored provisions for certain topics to protect owners' rights:

• Construction, Design, and Aesthetic Standards:  If your declaration allows, the association can adopt rules in these areas. However, they must also establish clear enforcement procedures and an application approval process. This includes setting a reasonable timeframe for the association to respond to applications (e.g., for renovations) and outlining what happens if they fail to act—such as automatic approval. This prevents delays that could hinder your projects.

• Flags and Signs:  Rules on displaying the U.S. flag must align with federal law. Associations cannot ban the display of Connecticut's state flag or signs about political candidates, association elections, or ballot questions on your unit or adjoining limited common elements. That said, reasonable rules can govern the time, place, size, number, and manner of these displays to balance individual expression with community standards.

• Assemblies on Common Elements:  Unit owners have the right to peacefully gather on common areas to discuss community matters. Associations can regulate the time, place, and manner of these assemblies but cannot prohibit them outright.

• Rules Affecting Residential Units:  For units used as homes, rules can only: 

1.      Implement declaration provisions. 

2.      Address behaviors or occupancies that violate the declaration or negatively impact other owners' enjoyment of their units or common elements. 

3.      Restrict leasing if designed to meet requirements of lenders who provide or purchase mortgages on units—but only if this restriction is recorded in the town's land records, indexed under the association's name. 

This limits overreach, ensuring rules serve the community's best interests.

• Solar Power Systems (For Non-Condominium/Non-Cooperative Communities): 

  If your community isn't a condo or coop, associations cannot prevent you from installing solar panels on your unit's roof (as long as it's not shared). However, rules can cover the size and installation method, your maintenance responsibilities, and prohibit installations on common elements.

• Consider Rules Designed to Promote Civility:

All too often communities are faced with meetings disrupted by bullies with person agendas.  They convince themselves that louder equates to right.  Consider adopting rules of conduct during meetings that preclude such bullying behavior.  Accompany those rules with commensurate fines designed to disincentivize future disruptions.  

Why Compliance Matters—and How We Can Help

Adopting, amending, or rescinding rules incorrectly can lead to owner complaints, lawsuits, or even nullified decisions. By adhering to the CIOA, your association fosters trust and efficiency. As a condo owner, knowing these rights empowers you to participate actively and hold your board accountable.

If you're facing a rule change in your community or need guidance on drafting compliant rules, the team at Bender, Anderson and Barba, P.C. is ready to assist. With decades of experience in Connecticut real estate law, we can review your association's documents, advise on best practices, or represent you in disputes. Contact us today for a consultation—let's ensure your community thrives under fair governance.

This blog is for informational purposes only and does not constitute legal advice. Laws can change, so consult a qualified attorney for your specific situation.