Sec. 47-278. Cause of action for violation of chapter. Punitive damages, court costs and attorney's fees. Alternative dispute resolution. - Connecticut Statutes

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Statutes > Connecticut > Title47 > Chap828 > Sec47-278

      Sec. 47-278. Cause of action for violation of chapter. Punitive damages, court costs and attorney's fees. Alternative dispute resolution. (a) If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a wilful failure to comply with this chapter. The court may award court costs together with reasonable attorney's fees.

      (b) Parties to a dispute arising under this chapter, the declaration or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, provided: (1) A declarant may agree with the association to do so only after the period of declarant control passes; and (2) an agreement to submit to any form of binding alternative dispute resolution must be in a writing signed by the parties.

      (P.A. 83-474, S. 79, 96; P.A. 95-187, S. 26.)

      History: P.A. 95-187 designated existing provisions as Subsec. (a) and amended said Subsec. to authorize court to award court costs and delete provision that authorized award of reasonable attorney's fees "in an appropriate case" and added Subsec. (b) to authorize parties to resolve a dispute by any form of binding or nonbinding alternative dispute resolution, subject to certain conditions.

      Cited. 237 C. 123.

      Cited. 22 CA 497. Cited. 38 CA 420.

State Codes and Statutes

Statutes > Connecticut > Title47 > Chap828 > Sec47-278

      Sec. 47-278. Cause of action for violation of chapter. Punitive damages, court costs and attorney's fees. Alternative dispute resolution. (a) If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a wilful failure to comply with this chapter. The court may award court costs together with reasonable attorney's fees.

      (b) Parties to a dispute arising under this chapter, the declaration or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, provided: (1) A declarant may agree with the association to do so only after the period of declarant control passes; and (2) an agreement to submit to any form of binding alternative dispute resolution must be in a writing signed by the parties.

      (P.A. 83-474, S. 79, 96; P.A. 95-187, S. 26.)

      History: P.A. 95-187 designated existing provisions as Subsec. (a) and amended said Subsec. to authorize court to award court costs and delete provision that authorized award of reasonable attorney's fees "in an appropriate case" and added Subsec. (b) to authorize parties to resolve a dispute by any form of binding or nonbinding alternative dispute resolution, subject to certain conditions.

      Cited. 237 C. 123.

      Cited. 22 CA 497. Cited. 38 CA 420.

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State Codes and Statutes

Statutes > Connecticut > Title47 > Chap828 > Sec47-278

      Sec. 47-278. Cause of action for violation of chapter. Punitive damages, court costs and attorney's fees. Alternative dispute resolution. (a) If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a wilful failure to comply with this chapter. The court may award court costs together with reasonable attorney's fees.

      (b) Parties to a dispute arising under this chapter, the declaration or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, provided: (1) A declarant may agree with the association to do so only after the period of declarant control passes; and (2) an agreement to submit to any form of binding alternative dispute resolution must be in a writing signed by the parties.

      (P.A. 83-474, S. 79, 96; P.A. 95-187, S. 26.)

      History: P.A. 95-187 designated existing provisions as Subsec. (a) and amended said Subsec. to authorize court to award court costs and delete provision that authorized award of reasonable attorney's fees "in an appropriate case" and added Subsec. (b) to authorize parties to resolve a dispute by any form of binding or nonbinding alternative dispute resolution, subject to certain conditions.

      Cited. 237 C. 123.

      Cited. 22 CA 497. Cited. 38 CA 420.