2005 Connecticut Code - Sec. 47-88. Removal of property from application of chapter. Resubmission of property.
Sec. 47-88. Removal of property from application of chapter. Resubmission
of property. (a) The unit owners may remove a property from the provisions of this
chapter by recording an instrument to that effect, containing the signature of ninety per
cent of the unit owners, provided the holders of all liens affecting any of the units consent
thereto or agree, in either case by recorded instruments, that their liens be transferred
to an undivided interest in the property.
(c) Upon removal of the property from the provisions of this chapter, any rights the unit owners may have to the assets of the unit owners' association shall be in proportion to their respective undivided interests in the common elements immediately prior to the recordation of the instrument referred to in subsection (a).
(d) The removal provided for in this section shall not bar the subsequent resubmission of the property to the provisions of this chapter, by an instrument signed by the same percentage of unit owners and mortgagees as specified in subsection (a) of this section for removal.
(1963, P.A. 605, S. 14, 15; 1971, P.A. 813, S. 13; P.A. 76-308, S. 27, 36.)
History: 1971 act made the act of recording a removal from the provisions of chapter 825 the operative act to effect the removal; P.A. 76-308 specified that the unit owners shall have the rights in the assets of the unit owners association at the time of removal in proportion to their respective undivided interests in the common elements.
See Sec. 47-90c re effective date and applicability of chapter.
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