§ 47-224 — Contents of declaration.

Connecticut § 47-224

• Jurisdiction: Connecticut
• Title 47: Land and Land Titles
• Ch. 828: Common Interest Ownership Act

Text

(a) The declaration shall contain: (1) The names of the common interest community and the association and a statement that the common interest community is either a condominium, cooperative or planned community; (2) The name of every town in which any part of the common interest community is situated; (3) A legally sufficient description of the real property included in the common interest community; (4) A statement of the maximum number of units that the declarant reserves the right to create; (5) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit's identifying number or, in a cooperative, a description, which may be by surveys or plans, of each unit created by the declaration, including the unit's identifying number, its size or number of rooms and its location within a building if it is within a building containing more than one unit; (6) A description of any limited common elements, other than those specified in subdivisions (2) and (4) of section 47-221 , as provided in subdivision (10) of subsection (b) of section 47-228 and, in a planned community, any real property that is or must become common elements; (7) A description of any real property, except real property subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subdivisions (2) and (4) of section 47-221 , together with a statement that they may be so allocated; (8) A description of any development rights, as defined in subsection (16) of section 47-202 , and other special declarant rights, as defined in subsection (33) of section 47-202 , reserved by the declarant, together with a legally sufficient description of the real property to which each of those rights applies and a time limit within which each of those rights must be exercised; (9) If any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect together with (A) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards, and (B) a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property; (10) Any other conditions or limitations under which the rights described in subdivision (8) of this subsection may be exercised or will lapse; (11) An allocation to each unit of the allocated interests in the manner described in section 47-226 ; (12) Any restrictions (A) on alienation of the units, including any restrictions on leasing which exceed the restrictions on leasing units which executive boards may impose pursuant to subdivision (3) of subsection (f) of section 47-261b , and (B) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation or casualty loss to the unit or to the common interest community, or on termination of the common interest community; (13) The recording data for recorded easements and licenses appurtenant to or included in the common interest community or to which any portion of the common interest community is or may become subject by virtue of a reservation in the declaration; and (14) All matters required by sections 47-225 to 47-228 , inclusive, sections 47-234 and 47-235 and subsection (d) of section 47-245 . (b) The declaration may contain any other matters not inconsistent with this chapter that the declarant considers appropriate, including any restrictions on the uses of a unit or the number or other qualifications of persons who may occupy units.

Legislative History

(P.A. 83-474, S. 25, 96; P.A. 95-187, S. 9; P.A. 10-186, S. 2; P.A. 14-215, S. 5.) History: P.A. 95-187 amended Subsec. (a)(12) to delete requirement that the declaration contain restrictions on “use” and “occupancy” of the units and add requirement that the declaration contain “any restrictions on leasing which exceed the restrictions on leasing units which executive boards may impose pursuant to subdivision (2) of subsection (c) of section 47-244” and amended Subsec. (b) to allow the declaration to contain “any restrictions on the uses of a unit or the number or other qualifications of persons who may occupy units”; P.A. 10-186 made technical changes in Subsec. (a)(6) and (7), effective July 1, 2010; P.A. 14-215 amended Subsec. (a) by replacing references to Subsecs. (14) and (29) of Sec. 47-202 with references to Subsecs. (16) and (33) of Sec. 47-202 in Subdiv. (8) and by replacing reference to Sec. 47-244(c)(2) with reference to Sec. 47-261b(f)(3) in Subdiv. (12). Cited. 207 C. 441; 208 C. 318. Cited. 38 CA 420.