Articles By Attorney Patricia Ayars

Feds Proposing To Allow More FHA Loans To Complexes That Aren’t FHA Certified

FHA loans and FHA approvals is a very big topic among Associations and unit owners, so I made some assumptions as to familiarity of unit owners.  I deal with the issue fairly regularly with unit owners and associations. It is pretty well-accepted  that Condo Approval by FHA Helps Residents Sell Their Units  because more first

Condominium Owners Whose Homes Have Foreclosure Action Maybe Helped By Supreme Court Ruling

Many condominium associations have found that their foreclosures are defective because the association failed to adopt a foreclosure rule, if no rule, failed to vote that a foreclosure be started against the unit. The Connecticut Supreme Court has ruled that these defective foreclosures are void because state laws make voting to foreclose or enacting a

Ask Atty Pat: The Legitimacy Of Adopted Amended Or Repealed Rules

A source of conflict between boards and unit owners is the enforcement of rules. The power of the Association of the enact and enforce rules in not unlimited. To be enforceable, the rules must be legally adopted and within the Association’s power. A necessary power of the Condominium Association is the adoption and enforcement of

Ask Atty. Pat: Who Is Responsible In Case Of Damage To Condo Unit?

IN THE EVENT OF A CASUALTY LOSS, THE ASSOCIATION MUST REPAIR THE DAMAGE AND IS RESPONSIBLE FOR THE DEDUCTIBLE UNLESS THE UNIT OWNER IS AT FAULT. The argument continues over whether the Association or the individual unit owner should be responsible for repairs to a unit in the event of a casualty loss. The basic

Ask Atty Pat: How To Get The Association To Pay And Repair Ice Damming

My farmer uncle, when stubborn people frustrated him, would say “Sometimes you have to hit a mule with a 2 x 4 to get his attention.” Unfortunately, the expression applies to some condominium boards and management companies. I have been approached by groups of unit owners who have dealt with ice damming, resultant unit damage

Ask Atty Pat: What Are The New Laws On Using Grills In Condos?

I am receiving inquiries about a recent article in the Hartford Courant regarding changes to the Connecticut State Fire Prevention Code. The change, which became effective on May 7, 2015, bans the use and storage of charcoal and propane grills (open flame grills) on many condominium decks and balconies. The grills are prohibited from decks

Ask Atty Pat: How To Deal With Bedbug Issues In Condos

The tenant or unit owner may complain to the landlord or the condominium association. If the occupant complains to public health authorities, bedbug infestations are a violation of health codes so the Health Department will contact the Association and the landlord for correction. The position of the Connecticut Health Departments is that the “owner” of

Filing Discrimination Complaints

A Condominium Association cannot discriminate on the basis of age, ancestry, color, learning disability, marital status, mental retardation, national origin, physical disability, mental disability, race, religious creed, sex, gender identity or expression and sexual orientation. To make a discrimination complaint about housing, contact the CHRO Housing Discrimination Unit located at 25 Sigourney Street, Hartford, CT

Four Pillars Of Trust

“Trust me.” Upon hearing those words, most people search their backs to locate the knife. Trust is earned through action, not by words or good intentions. Condominium boards are often described as being untrustworthy, sometimes with cause. Board members may be unaware of their responsibilities. Board members may be afraid of unit owners and the

Ask Atty. Pat: What Rules Must Associations Follow For Disability Laws?

The Federal Fair Housing Act and the Connecticut Discriminatory Housing Practice Act apply to condominiums.   Both of these acts require a condominium to make reasonable accommodations or allow reasonable modifications to the unit and the common elements for a person with a disability. Failure to comply with the provisions of those statutes expose a condominium