Condo assessment in CT

UPDATED: Oct 1, 2022

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Condo assessment in CT


Are there any laws or regulations that would prevent a
condo association from making special assessments equal
amount for all size units? Currently bylaws specify
assessments should be proportionate to unit size including
assessments for common areas. We are looking to make
them equal as things like tennis court, pool, and road for
instance are used equally by all owners.

Thank you

Asked on October 14, 2018 under Real Estate Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is no law stating that they cannot be equal for all units--there is no law mandating how they have to be divied up or assigned. Proportionate to unit size is a common way to do it, on the grounds that the owners of larger, and hence more valuable, units, gain more from the upkeep of common areas and provision of amenities, on the theory that if good common areas and amenities adds, say (for the sake of this example) 10% to the units' values, the more valuable units will appreciate more (e.g. a 10% gain on a $300k unit is $30k; on a $400k unit, $40k). On the other hand, as point out, all unit owners make equal use of amenities, so from a use (not value appreciation) point of view, equal charges makes sense. Either way, however, is legal: it's whatever the association things is best.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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