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Bill > HB06158


CT HB06158

CT HB06158
An Act Concerning The Assertion Of A Special Defense Against A Claim Of Nonpayment Of A Common Expense Assessment.


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead
06/04/2025

Introduced Session

2025 General Assembly

Bill Summary

To permit condominium unit owners to assert a special defense against a claim of nonpayment of a common interest assessment under certain circumstances.

AI Summary

This bill amends Chapter 828 of the general statutes to provide condominium unit owners with a new legal option when facing claims of nonpayment of common expense assessments. Specifically, the bill allows unit owners to assert a special defense against such claims when nonpayment is due to gross negligence, even if the property remains inhabitable. A "special defense" is a legal term referring to a specific type of response in a lawsuit that can potentially reduce or eliminate a plaintiff's claim. In the context of condominium associations, this means that if a unit owner can demonstrate that the association has been grossly negligent in maintaining the property or managing common expenses, they may have grounds to withhold payment of common assessments without automatically being considered in default. The bill provides unit owners with an additional layer of protection and a mechanism to challenge what they might perceive as unfair assessment practices, while still maintaining the overall requirement to contribute to common expenses in a condominium community.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Joint Committee on Judiciary (on 01/22/2025)

bill text


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