Congress Street Condominium Association, Inc. v. Anderson
Hartford, Hartford · CT · Connecticut Appellate Court
Member win · hearings
What happened
Frederick L. Anderson owned unit 69A (and garage G44) at Congress Street Condominium in Hartford. The association claimed he violated the declaration by replacing a large exterior window with a door to an adjacent porch and began assessing daily fines (noticed around March 10, 2009 at $12/day). In June 2009 it sued to foreclose a statutory lien for common charges and fines. Anderson later paid the common charges; the fight narrowed to fines. After an earlier Appellate Court reversal on summary-judgment procedure (2011), the case was tried. Both Anderson and an association officer testified he never received an association hearing before fines. The trial court still held the fines ‘validly assessed’ (counting from a court summary-judgment hearing date). On March 24, 2015, the Appellate Court reversed and remanded with direction to render judgment for Anderson on the fine-based claim.
What the court (or agency) held
Anderson won on the fines. General Statutes § 47-244(a)(11) and the association’s declaration and bylaws require notice and an opportunity to be heard before levying fines. It was undisputed he got a violation notice but never an association hearing; a later court hearing (summary judgment or trial) does not substitute for the pre-fine association hearing. The Appellate Court reversed the strict-foreclosure judgment and remanded with direction to render judgment for the defendant on the fine-based lien (common charges had already been paid).
Why this matters for members
In Connecticut common-interest communities, ‘notice and hearing’ before fines is a real association process—not something the lawsuit can retrofit. Bylaw/declaration ‘Notice and Hearing’ procedures (written notice of proposed action, date/time/place, chance to testify) must happen before fines stick. Paying common charges can isolate the dispute to fines alone, but unpaid fines still fail if the hearing never occurred.
What the member did
Litigated that fines were invalid without the statutory and declaration Notice and Hearing process and obtained reversal of the foreclosure judgment on that ground.
Questions for the board
- Before any fine was levied, was written notice of the proposed fine and a hearing date sent under the declaration/bylaws?
- Did the owner get a real opportunity to speak or submit evidence at an association hearing—not only in court later?
- What daily fine rate and start date does the board claim, and where is the hearing record that supports it?
- If foreclosure papers mix common charges and fines, can the fine portion stand without a pre-fine hearing?
Questions for a lawyer
- Does § 47-244(a)(11) and this community’s instruments clearly require a pre-fine hearing on these facts?
- Is there any evidence an association hearing occurred, or only court proceedings after fines began?
- If common charges are paid, what remains of a foreclosure judgment that rested on fines?
- How should a member document the absence of a hearing for use in defense or a special defense?
Citation
Congress Street Condominium Association, Inc. v. Anderson, 156 Conn. App. 117; 112 A.3d 196 (2015); No. AC 35601 (2015-03-24). Connecticut Appellate Court. Outcome chip: hearings/fines process — hero. Flags: remand. Source: https://law.justia.com/cases/connecticut/court-of-appeals/2015/ac35601.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.