Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
Connecticut Statutes
TITLE 47 LAND AND LAND TITLES
CHAPTER 828 COMMON INTEREST OWNERSHIP ACT
PART I GENERAL PROVISIONS AND APPLICABILITY
Sec. 47-202. Definitions.
In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter:
(1) Affiliate of a declarant means any person who controls, is controlled by, or is under common control with a declarant. (A) A person controls a declarant if the person (i) is a general partner, officer, director, or employer of the declarant, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty per cent of the voting interest in the declarant, (iii) controls in any manner the election of a majority of the directors of the declarant, or (iv) has contributed more than twenty per cent of the capital of the declarant. (B) A person is controlled by a declarant if the declarant (i) is a general partner, officer, director, or employer of the person, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty per cent of the voting interest in the person, (iii) controls in any manner the election of a majority of the directors of the person, or (iv) has contributed more than twenty per cent of the capital of the person. Control does not exist if the powers described in this subsection are held solely as security for an obligation and are not exercised.
(2) Allocated interests means the following interests allocated to each unit: (A) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association; (B) in a cooperative, the common expense liability and the ownership interest and votes in the association; and (C) in a planned community, the common expense liability and votes in the association.
(3) Assessment means the sums attributable to a unit and due the association pursuant to section 47-257.
(4) Association or unit owners association means the unit owners association organized under section 47-243.
(5) Bylaws means the instruments, however denominated, that contain the procedures for conduct of the affairs of the association regardless of the form in which the association is organized, including any amendments to the instruments.
(6) Common elements means (A) in the case of (i) a condominium or cooperative, all portions of the common interest community other than the units; and (ii) a planned community, any real property within a planned community owned or leased by the association, other than a unit, and (B) in all common interest communities, any other interests in real property for the benefit of unit owners which are subject to the declaration.
(7) Common expenses means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.
(8) Common expense liability means the liability for common expenses allocated to each unit pursuant to section 47-226.
(9) Common interest community means real property described in a declaration with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for a share of (A) real property taxes on, (B) insurance premiums on, (C) maintenance of, (D) improvement of, or (E) services or other expenses related to, common elements, other units or any other real property other than that unit described in the declaration. Common interest community does not include an arrangement described in section 47-219a or a covenant described in section 47-219b. For purposes of this subdivision, ownership of a unit includes holding a leasehold interest of forty years or more in a unit, including renewal options. Ownership of a unit does not include the interest which a resident holds in a mutual housing association, as defined in subsection (b) of section 8-214f, by virtue of either a state contract for financial assistance or an individual occupancy agreement. An association of property owners funded solely by voluntary payments from those owners is not a common interest community.
(10) Condominium means a common interest community in which portions of the real property are designated for separate ownership and the remainder of the real property is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(11) Conversion building means a building that at any time before creation of the common interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.
(12) Cooperative means a common interest community in which the real property is owned by an association, each of whose members is entitled by virtue of his ownership interest in the association to exclusive possession of a unit.
(13) Dealer means a person who owns either six or more units, or fifty per cent or more of all the units, in a common interest community.
(14) Declarant means any person or group of persons acting in concert who (A) as part of a common promotional plan, offers to dispose of his interest in a unit not previously disposed of or (B) reserves or succeeds to any special declarant right.
(15) Declaration means any instruments, however denominated, that create a common interest community, including any amendments to those instruments.
(16) Development rights means any right or combination of rights reserved by a declarant in the declaration to (A) add real property to a common interest community; (B) create units, common elements, or limited common elements within a common interest community; (C) subdivide units or convert units into common elements; or (D) withdraw real property from a common interest community.
(17) Dispose or disposition means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but the term does not include the transfer or release of a security interest.
(18) Executive board means the body, regardless of name, designated in the declaration to act on behalf of the association.
(19) Identifying number means a symbol or address that identifies only one unit in a common interest community.
(20) Leasehold common interest community means a common interest community in which all or a portion of the real property is subject to a lease the expiration or termination of which will terminate the common interest community or reduce its size.
(21) Limited common element means a portion of the common elements allocated by the declaration or by operation of subdivision (2) or (4) of section 47-221 for the exclusive use of one or more but fewer than all of the units.
(22) Master association means an organization described in section 47-239, whether or not it is also an association described in section 47-243.
(23) Offer or offering means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a common interest community not located in this state, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the common interest community is located.
(24) Person means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, public corporation, government, governmental subdivision or agency, instrumentality or any other legal or commercial entity.
(25) Planned community means a common interest community that is not a condominium or a cooperative. A condominium or cooperative may be part of a planned community.
(26) Proprietary lease means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.
(27) Purchaser means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than (A) a leasehold interest, including renewal options, of less than twenty years, or (B) as security for an obligation.
(28) Real property means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real property includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.
(29) Record, used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(30) Residential purposes means use for dwelling or recreational purposes, or both.
(31) Rule means a policy, guideline, restriction, procedure or regulation of an association, however denominated, which is adopted by an association pursuant to section 47-261b which is not set forth in the declaration or bylaws and which governs the conduct of persons or the use or appearance of property.
(32) Security interest means an interest in real property or personal property, created by contract or conveyance, which secures payment or performance of an obligation. Security interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.
(33) Special declarant rights means rights reserved for the benefit of a declarant to (A) complete improvements indicated on surveys and plans filed with the declaration or, in a cooperative, to complete improvements described in the public offering statement pursuant to subdivision (2) of subsection (a) of section 47-264; (B) exercise any development right; (C) maintain sales offices, management offices, signs advertising the common interest community, and models; (D) use easements through the common elements for the purpose of making improvements within the common interest community or within real property which may be added to the common interest community; (E) make the common interest community subject to a master association; (F) merge or consolidate a common interest community with another common interest community of the same form of ownership; (G) appoint or remove any officer of the association or any master association or any executive board member during any period of declarant control; (H) control any construction, design review or aesthetic standards committee or process; (I) attend meetings of the unit owners and, except during an executive session, the executive board; or (J) have access to the records of the association to the same extent as a unit owner.
(34) Time share means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a common interest community or a specified portion thereof.
(35) Unit means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to subdivision (5) of subsection (a) of section 47-224. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.
(36) Unit owner means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated until that unit has been conveyed to another person.
(P.A. 83-474, S. 3, 96; P.A. 84-472, S. 1, 23; P.A. 91-341, S. 14, 19; P.A. 95-79, S. 170, 189; 95-187, S. 1; P.A. 09-225, S. 1; P.A. 10-186, S. 1.)
History: P.A. 84-472 amended Subdiv. (7) to exclude from the definition of a common interest community an association of property owners funded solely by voluntary payments from those owners, and to increase from 20 to 40 years the minimum period for holding a leasehold interest in a unit that constitutes ownership of a unit; P.A. 91-341 amended Subdiv. (7) to add provision that ownership of a unit does not include the interest which a resident holds in a mutual housing association by virtue of either a state contract for financial assistance or an individual occupancy agreement; P.A. 95-79 redefined person to include a limited liability company, effective May 31, 1995; P.A. 95-187 amended the definition of common elements by redesignating the existing provisions re a condominium or cooperative and re a planned community as Subparas. (A)(i) and (A)(ii), respectively, and adding new Subpara. (B) to include in the definition any other interests in real property for the benefit of unit owners which are subject to the declaration; P.A. 09-225 defined assessment in new Subdiv. (3), bylaws in new Subdiv. (5), record in new Subdiv. (29) and rule in new Subdiv. (31), redefined common interest community in redesignated Subdiv. (9), person in redesignated Subdiv. (24) and special declarant rights in redesignated Subdiv. (33) and redesignated existing Subdivs. (3) to (32) as Subdivs. (4), (6) to (28), (30) and (32) to (36), effective July 1, 2010; P.A. 10-186 redefined common interest community in Subdiv. (9) to reference covenant described in Sec. 47-219b, substituted reference to Sec. 47-261b for reference to Sec. 47-261c in definition of rule in Subdiv. (31), and made technical changes, effective July 1, 2010.
Cited. 207 C. 441; 237 C. 123. Meaning of use in definition of limited common element. 245 C. 1.
Cited. 22 CA 497; 44 CA 107.
Connecticut Case Law
Metcalfe v. Talarski, 213 Conn. 145 (Conn.Sup.Ct. 1989); Under rescission of contract for deed Vendee can not be liable for reasonable value of land held during possession unless he committed waste.
Fischer v. Kennedy, 106 Conn. 484; there is no difference in principle between the case of a parol contract to convey land in reliance upon which possession has been taken and improvements made, and a case where possession is taken under an executory contract for the sale of land
The granting of specific performance of a contract to sell land is a remedy which rests in the broad discretion of the trial court depending on all the facts and circumstances when viewed in light of the settled principles of equity.O'Sullivan v. Bergenty, 214 Conn. 641 (1990)
