​Public Act No. 21-173
AN ACT CONCERNING THE REMOVAL OF RESTRICTIONS ON
OWNERSHIP OR OCCUPANCY OF REAL PROPERTY BASED ON
RACE AND ELIMINATION OF THE RACE DESIGNATION ON
MARRIAGE LICENSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) For purposes of this
section, "unlawful restrictive covenant" means a covenant or other
provision in an instrument affecting the title to real property that
purports to restrict ownership or occupancy of such real property on the
basis of race.
(b) Any unlawful restrictive covenant contained in any instrument
affecting title to real property that is recorded in the land records of any
municipality shall be void. If an unlawful restrictive covenant is
contained in any instrument affecting title to real property that also
contains any other covenant or provision that is not an unlawful
restrictive covenant, the validity and enforceability of the remaining
covenants or provisions, as well as the validity of the recorded
instrument itself, shall not be affected by the voiding of the unlawful
restrictive covenant.
(c) Any owner of real property who identifies an unlawful restrictive
covenant in an instrument recorded on the land records that relates to
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real property owned by such person may file either an affidavit
pursuant to section 47-12a of the general statutes, as amended by this
act, or a form described in subsection (f) of this section, with the town
clerk in the municipality where the real property is located, identifying
the existence of such unlawful restrictive covenant. Such affidavit or
form shall (1) be in the form required by section 47-12a of the general
statutes, as amended by this act; (2) identify the volume and page of the
land records for the instrument or instruments that contain the unlawful
restrictive covenant; and (3) state that the affidavit or form is being filed
to carry out the provisions of this section. Failure to file such affidavit or
form shall not otherwise affect the invalidity of the unlawful restrictive
covenant under this section. The town clerk shall record such affidavit
or form, and, to the extent practicable, notate the indices to the land
records accordingly to reflect the invalidity of the unlawful restrictive
covenant. No town clerk may assess any recording fee for the filing of
such affidavit or form.
(d) A reference in any recorded instrument affecting title to real
property, or in any other document, including, but not limited to, a
report, opinion, contract or insurance policy, to covenants, conditions,
restrictions or provisions contained in an instrument previously
recorded in the land records, shall not constitute a revival, reinstatement
or republication of an unlawful restrictive covenant. Any affidavit or
other form recorded in connection with this section is not an
encumbrance on the real property.
(e) If a person causes an affidavit or a form to be recorded under
subsection (c) of this section that is not in fact authorized by this section,
the town clerk and the municipality shall not be liable for any damages
resulting from the recording of the affidavit or form pursuant to this
section. Any liability that may result by a recording that is not
authorized in fact by subsection (c) of this section shall be the sole
responsibility of the person who caused the affidavit or form to be
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recorded.
(f) Not later than December 1, 2021, the Office of Policy and
Management shall develop a standardized form for the purposes of
subsection (c) of this section. The town clerk in each municipality shall
(1) make such form available on the Internet web site of the municipality
and in the area of the town clerk's office where land records are kept,
and (2) post a notice informing the public of the provisions of this
section in the area of the town clerk's office where land records are kept.
Sec. 2. Subsection (b) of section 47-12a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2021):
(b) The affidavits provided for in this section may relate to the
following matters: Age, sex, birth, death, capacity, relationship, family
history, heirship, names, identity of parties, marital status, possession
or adverse possession, adverse use, residence, service in the armed
forces, conflicts and ambiguities in description of land in recorded
instruments, the happening of any condition or event which may
terminate an estate or interest, unlawful restrictive covenants and any
other state of facts affecting title to real property.
Sec. 3. Section 46b-25 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
No license may be issued by the registrar until both persons have
appeared before the registrar and made application for a license. The
registrar shall issue a license to any two persons eligible to marry under
this chapter. The license shall be completed in its entirety, dated, signed
and sworn to by each applicant and shall state each applicant's name,
age, [race,] birthplace, residence, whether single, widowed or divorced
and whether under the supervision or control of a conservator or
guardian. The Social Security numbers of both persons shall be recorded
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in the "administrative purposes" section of the license. If the license is
signed and sworn to by the applicants on different dates, the later date
shall be deemed the date of application.
Sec. 4. Section 47-70a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) [The] Except as provided in subsection (d) of this section, the
declaration shall be amended only by vote of two-thirds of the unit
owners, and the bylaws shall be amended by vote of a majority of unit
owners, at any meeting of the unit owners' association duly called for
either purpose, following written notice to all unit owners and their
mortgagees appearing on the records of the association, except that if
such amendment whether of the declaration or of the bylaws directly or
indirectly changes the boundaries of any unit, the undivided interest in
the common elements appertaining thereto, the liability for common
elements appertaining thereto, the liability for common expenses or
rights to common profits appertaining thereto, or the number of votes
in the unit owners' association appertaining thereto, such amendment
shall require the affirmative vote of seventy-five per cent of the unit
owners and shall, in addition, require the consent of the mortgagees of
at least seventy-five per cent of the units subject to mortgage.
(b) The declarant may require a unit owner or purchaser to execute
and to deliver to the declarant a power of attorney or other document
assigning to the declarant the right of a unit owner to vote on the
amendment of condominium instruments pursuant to subsection (a) of
this section, provided such power of attorney or other document shall
be exercised or implemented only to amend the condominium
instruments for the purpose of adding additional land in an expandable
condominium pursuant to section 47-71a, and to reallocate the
undivided interests in the common elements resulting from such
expansion pursuant to subsection (c) of section 47-74, and the power of
attorney or other document shall be expressly so limited.
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(c) Notwithstanding any other provision of this chapter or the
condominium instruments, the designation of the agent for the service
of process named in the declaration may be changed from time to time
by recording in the land records wherein the declaration is recorded the
instrument for designation of an agent for service of process, which if
the association is incorporated, shall be a copy of the instrument
transmitted to the Secretary of the State or if not incorporated, an
instrument including the same information as such an instrument for
designation of agent. In addition, the instrument for designation shall
refer to the volume and first page of the original condominium
instruments.
(d) (1) The board of directors may, by a vote of a majority of the
members of said board and without further need for a vote by unit
owners, amend the declaration to remove from such declaration any
provision that purports to restrict ownership or occupancy of units
within the condominium on the basis of race.
(2) If a unit owner submits a written request to the board of directors
for an amendment to the declaration to remove a provision that
purports to restrict ownership or occupancy of units within the
condominium on the basis of race, the board shall, not later than ninety
days after receipt of such a request, hold a meeting to determine
whether such a provision exists in the declaration and should be
removed pursuant to the provisions of subdivision (1) of this subsection.
Sec. 5. Section 47-236 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except in cases of amendments that may be executed by a
declarant under subsection (f) of section 47-228 or section 47-229, or by
the association under section 47-206, subsection (d) of section 47-225,
subsection (c) of section 47-227, subsection (a) of section 47-231 or
section 47-232, or by certain unit owners under subsection (b) of section
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47-227, subsection (a) of section 47-231, subsection (b) of section 47-232,
subsection (b) of section 47-237 or section 47-242, or by the executive
board under subsection (k) of this section, and except as limited by
subsections (d) and (f) of this section, the declaration, including any
surveys and plans, may be amended only as follows:
(1) By vote or agreement of unit owners of units to which at least
sixty-seven per cent of the votes in the association are allocated, unless
the declaration specifies either a larger percentage or a smaller
percentage, but not less than a majority, for all amendments or for
specific subjects of amendment;
(2) The declaration may provide that all amendments or specific
subjects of amendment may be approved by the unit owners of units
having any of the percentages of votes, as provided in subdivision (1) of
this subsection, of a specified group of units that would be affected by
the amendment, rather than all of the units in the common interest
community; or
(3) The declaration may specify a smaller number only if all of the
units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendment adopted by
the association pursuant to this section may be brought more than one
year after the amendment is recorded.
(c) Every amendment to the declaration shall be recorded in every
town in which any portion of the common interest community is located
and is effective only on recordation. An amendment, except an
amendment pursuant to subsection (a) of section 47-231, shall be
indexed in the grantee's index in the name of the common interest
community and the association and in the grantor's index in the name
of the parties executing the amendment.
(d) Except in the case of the exercise of development rights pursuant
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to section 47-229 or to the extent otherwise expressly permitted or
required by other provisions of this chapter, with respect to a common
interest community, whether created before, on or after January 1, 1984,
no amendment may create or increase special declarant rights, increase
the number of units or change the boundaries of any unit or the
allocated interests of a unit, in the absence of unanimous consent of the
unit owners.
(e) Amendments to the declaration required by this chapter to be
recorded by the association shall be prepared, executed, recorded and
certified on behalf of the association by any officer of the association
designated for that purpose or, in the absence of designation, by the
president of the association.
(f) An amendment to the declaration may prohibit or materially
restrict the permitted uses or occupancy of a unit or the number or other
qualifications of persons who may occupy units only by vote or
agreement of unit owners of units to which at least eighty per cent of the
votes in the association are allocated, unless the declaration specifies
that a larger percentage of unit owners must vote or agree to that
amendment or that such an amendment may be approved by the unit
owners of units having at least eighty per cent of the votes of a specified
group of units that would be affected by the amendment. An
amendment approved under this subsection must provide reasonable
protection for a use or occupancy permitted at the time the amendment
was adopted.
(g) The time limits specified in the declaration pursuant to
subdivision (8) of subsection (a) of section 47-224, within which reserved
development rights and special declarant rights must be exercised may
be extended, the number of units may be increased and new
development rights or other special declarant rights may be created by
amendment to the declaration if persons entitled to cast at least eighty
per cent of the votes in the association, including eighty per cent of the
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votes allocated to units not owned by the declarant, agree to that action.
The amendment must identify the association or other persons who
hold any new rights that are created. Notice of the proposed
amendment to the declaration must be delivered in a record to all
persons holding development rights or security interests in those rights.
Notwithstanding the provisions of subsection (c) of this section, the
amendment to the declaration is effective thirty days after the
amendment is recorded and notice is delivered unless any of the persons
entitled to notice under this subsection records an objection in a record
within the thirty-day period, in which case the amendment is void, or
unless all of the persons entitled to notice under this subsection consent
in a record at the time the amendment is recorded, in which case the
amendment is effective when recorded.
(h) Provisions in the declaration creating special declarant rights that
have not expired may not be amended without the consent of the
declarant.
(i) If any provision of this chapter or of the declaration or bylaws of
any common interest community created before, on or after January 1,
1984, requires the consent of a person holding a security interest in a
unit as a condition to the effectiveness of any amendment to the
declaration or bylaws, that consent shall be deemed granted if a refusal
to consent in a record is not received by the association within forty-five
days after the association delivers notice of the proposed amendment to
the holder of the interest or mails the notice to the holder of the interest
by certified mail, return receipt requested. The association may rely on
the last-recorded security interest of record in delivering or mailing
notice to the holder of that interest. Notwithstanding any provision of
this section, an amendment to the declaration or bylaws that affects the
priority of a holder's security interest, other than an amendment
regarding the priority of the association's lien authorized by section 47-
258 or the ability of that holder to foreclose its security interest may not
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be adopted without that holder's consent in a record if the declaration
or bylaws require that consent as a condition to the effectiveness of the
amendment.
(j) If the declaration or bylaws of a common interest community,
whether created before, on or after January 1, 1984, contains a provision
requiring that amendments to the declaration or bylaws, other than
amendments described in subsection (d) of this section, may be adopted
only by the vote or agreement of unit owners of units to which more
than eighty per cent of the votes in the association are allocated, such a
proposed amendment shall be deemed approved if:
(1) (A) Unit owners of units to which more than eighty per cent of the
votes in the association are allocated vote for or agree to the proposed
amendment;
(B) No unit owner votes against the proposed amendment; and
(C) Notice of the proposed amendment is delivered to the unit
owners holding the votes in the association that have not voted or
agreed to the proposed amendment and no objection in a record to the
proposed amendment is received by the association within thirty days
after the association delivers notice; or
(2) Unit owners of units to which more than eighty per cent of the
votes in the association are allocated vote for or agree to the proposed
amendment but at least one unit owner objects to the proposed
amendment and, pursuant to an action brought by the association in the
Superior Court against all objecting unit owners, the court finds that the
objecting unit owner or owners do not have a unique minority interest,
different in kind from the interests of the other unit owners, that the
voting requirement of the declaration was intended to protect.
(k) (1) The executive board may, by a vote of a majority of the
members of said board at a meeting held pursuant to section 47-250,
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amend the declaration of a common interest community to remove from
such declaration a provision that purports to restrict ownership or
occupancy of units within the common interest community on the basis
of race.
(2) If a unit owner submits a written request to the executive board
for an amendment to the declaration to remove a provision that
purports to restrict ownership or occupancy of units within the common
interest community on the basis of race, the board shall, not later than
ninety days after receipt of such a request, hold a meeting to determine
whether such a provision exists in the declaration and should be
removed pursuant to the provisions of subdivision (1) of this subsection.
Approved July 12, 2021