A Connecticut association may adopt and enforce its declaration, bylaws, and rules, including architectural and use restrictions. It may impose sanctions or sue to enforce a violation, but the board has discretion not to pursue immaterial violations as long as its decision is not arbitrary or capricious.
Conn. Gen. Stat. § 47-244(a) empowers the association to adopt and amend bylaws and rules and to regulate the use, maintenance, repair and modification of common elements. To enforce a covenant or architectural rule the association may impose sanctions (after notice and a hearing) or, under § 47-244(g), commence a legal action. Section 47-244(h) lets the executive board decide not to enforce where a violation is not material, is unlikely to be enforced, or enforcement would be inconsistent with law, provided the decision is not “arbitrary or capricious.” Design-review and approval records must be kept and made available to owners under § 47-260. Rules must be reasonable under § 47-261b.
Remedies include reasonable fines after notice and hearing, an action to compel compliance or enjoin the violation, and recovery of costs; the board may also decline to enforce immaterial violations.
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Waterbury, CT
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Waterbury, CT
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Waterbury, CT
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Waterbury, CT
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