Publications

Key Takeaways

• CIOA (Conn. Gen. Stat. § 47-200 et seq.) applies to any community that meets the statutory definition of a “common interest community,” including many condominiums, cooperatives, and planned communities.
• Communities formed before January 1, 1984 are still subject to 29 CIOA provisions listed in Section 47-216 (with a narrow exception for certain small communities), even if they never complied with CIOA’s formation or declaration requirements.
• Those 29 provisions include unit owners’ right to sue the community for CIOA violations, as well as rules on board member and officer duties and community management. Those provisions do not include certain technical requirements governing post-1984 communities’ declarations.
• Communities formed on or after January 1, 1984 are subject to CIOA in its entirety. However, the Appellate Court of Connecticut held in Emerald Ridge that a post-1984 community with a technically deficient declaration is not subject to CIOA.  While that ruling is in tension with the Uniform Act comments, post-1984 boards can rely on it as binding law for the time being, though this may change if the legislature clarifies the statute.
• Emerald Ridge did not concern communities formed prior to 1984, and CIOA applies to pre-1984 communities regardless of whether their declarations meet certain technical requirements that only apply to post-1984 communities.

Common interest communities, which include condominiums, cooperatives, and planned communities, are frequently run by volunteer board members who are also unit owners in the community.  But, the responsibilities and obligations that common interest communities in Connecticut owe to unit owners can be complex and may result in costly lawsuits if not fully complied with.  It is important for Connecticut common interest community leaders to understand what laws apply and when they should consult with a legal expert.

Since 1984, the creation, organization, and management of common interest communities in Connecticut has been governed by the Common Interest Ownership Act (“CIOA”), Connecticut General Statutes (“Conn. Gen. Stat.”) § 47-200 et seq.  CIOA is modeled on the Uniform Common Interest Ownership Act.  Connecticut is one of only a small handful of states that adopted a version of this Uniform Act.  CIOA provides consumer protection rights to common interest community unit owners, and it allows unit owners to sue their community if the community violates CIOA or the community’s declaration or bylaws.  It is important for community leaders to understand the extent to which CIOA applies to their community.

In general, CIOA applies to any community that meets the definition of a “common interest community” as set forth in the Act.  Section 47-202(9) of CIOA defines a “common interest community” as any

[R]eal property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for a share of (A) real property taxes on, (B) insurance premiums on, (C) maintenance of, (D) improvement of, or (E) services or other expenses related to, common elements, other units, or any other real property other than that unit described in the declaration.

CIOA treats communities that pre-existed its enactment (i.e., were formed prior to January 1, 1984) differently from those formed on or after January 1, 1984.

Preexisting communities:  Only some provisions of CIOA apply to common interest communities formed before 1984.  Specifically, Section 47-216 of CIOA lists 29 provisions of the Act that apply (in whole or in part) to “preexisting” common interest communities.  By CIOA’s own terms, the remaining sections of CIOA do not apply to preexisting communities.  There is one narrow exception: under Section 47-217, a pre-1984 community with no more than twelve units and no development rights is subject only to Sections 47-204, 47-205, and 47-206 of the Act.

CIOA provisions discussing how a community needs to be formed (Conn. Gen. Stat. § 47-220) and what content needs to be included in the community’s declaration (Conn. Gen. Stat. § 47-224), understandably are not included among the 29 provisions that apply to pre-1984 communities.  So, even if a pre-1984 community has not complied with CIOA’s formation or declaration requirements, as long as it meets the definition of a “common interest community” provided in Section 47-202(9) of the Act, it still must comply with the 29 provisions of CIOA set forth in Section 47-216 of the Act.

Significantly, the provision that allows unit owners to sue the community if it violates CIOA does apply to preexisting communities.  Other provisions of CIOA that apply to pre-1984 communities concern the alteration and termination of the community; management of the community; and duties of executive board members and officers.  These 29 provisions of CIOA are only applicable with respect to events and circumstances occurring after January 1, 1984.

Communities formed on or after January 1, 1984:  Common interest communities formed on or after January 1, 1984 are subject to CIOA in its entirety including certain technical requirements governing the formation of a common interest community.

Interestingly, in Emerald Ridge Property Owners Association v. Thornton, the Connecticut Appellate Court determined that a common interest community formed on or after January 1, 1984 is not subject to CIOA if its declaration fails to meet the technical requirements set forth in Section 47-224 of the Act.  54 Conn. App. 6, 9 (1999).  This conclusion is in tension with the comments to the Uniform Act, which state that any common interest community that meets the definition of a “Common Interest Community” is subject to CIOA and thus must comply with the technical requirements of Section 47-224 and all other requirements.  Uniform Act at § 2-101 cmt. 3.  And, Courts in other states that have adopted similar acts to CIOA have rejected the approach set forth in Emerald Ridge.  Given this tension, the legislature may ultimately clarify CIOA to apply to common interest communities formed after January 1, 1984 even if their governing documents do not meet all of CIOA’s technical requirements.

Recent legislation:  Effective October 1, 2026, Public Act 26-31 gives unit owners a new tool for addressing suspected financial mismanagement.  Unit owners holding at least 20% of a community’s total voting ownership may petition the Superior Court for an order directing the association to obtain an independent third-party audit of certain financial records.  Owners may make such a request no more than once in any 12-month period and must pay the related audit expenses.  Boards should keep their financial records complete and well organized in anticipation of these requests.

Are you facing litigation under CIOA, or simply not sure whether CIOA applies to your community, or whether your governing documents measure up? Wiggin and Dana advises boards on assessing their obligations, updating declarations and bylaws, and managing litigation risk.  Wiggin and Dana also represents both common interest communities and unit owners in litigations involving CIOA when disputes arise. Learn more about our Litigation practice here.