Your answer will likely be found in the legal document that established the condo association. They are governed by some document, whether it is called the Covenants, Conditions, & Restrictions, or something else. It would set forth the procedure for founding and operating the Association and may set forth a procedure to dissolve it. I cannot give you more detail than this, because I do not know CT law.
While reviewing the declaration forming the condo is helpful to understand certain procedures and rights when terminating the condo, it is only PART of the equation because in Connecticut specific laws also apply.
Pursuant to Conn. Gen. St. Sec. 47-237 a Common Interest Community (i.e. Condo) may be terminated only by agreement of unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage the declaration specifies, unless the declaration sets a smaller percentage where all of the units are restricted exclusively to non residential uses.
By statute the agreement to terminate requires certain technical requirements, certain deed like formalities, and must be recorded on the land records.
Depending on how the condominium was organized other statutory provisions apply in certain circumstances depending on whether units have or do not have horizontal boundaries. Also, the priority of liens and distribution of the common elements to the association owners is specifically governed by statute.
Working with an experienced real estate lawyer who deals in condo law would be helpful to making sure the termination is correctly done so you do not have issues when the property (or its parts) is sold.
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Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully. This answer does not create an attorney-client relationship.
Robert L FiedlerFamily Law AttorneyNew Britain, CT ·
Connecticut General Statutes has a mechanism to dissolve the association and to make it a common interest property as tenants in common and exclusive use of your "units". There are also ways of dissolving the entire concept of an association and own your separate units (I am assuming side by side units?) and have fee simple interest rights to your respective shares of the property.
I would suggest contacting an attorney who has experience with condominium work. I am sure that there are quite a few in the Stamford and New Haven areas.