CIOA — Powers and Duties of Unit Owners' Association

Sec. 47-244. Powers and duties of unit owners' association. (a) Except as provided in subsection (b) of this section, and subject to the provisions of the declaration, the association, even if unincorporated: (1) Shall adopt and may amend bylaws, and may adopt and amend rules; (2) Shall adopt and may amend budgets, may adopt and amend special assessments, may collect assessments for common expenses from unit owners and may invest funds of the association; (3) May hire and discharge managing agents and other employees, agents and independent contractors; (4) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community, subject to section 47-261f; (5) May make contracts and incur liabilities; (6) May regulate the use, maintenance, repair, replacement and modification of common elements; (7) May cause additional improvements to be made as a part of the common elements; (8) May acquire, hold, encumber and convey in its own name any right, title or interest to real property or personal property, but (A) common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 47-254, and (B) part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 47-254; (9) May grant easements, leases, licenses and concessions through or over the common elements; (10) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subdivisions (2) and (4) of section 47-221, and for services provided to unit owners; (11) May impose charges or interest or both for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association; (12) May impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by section 47-270 or statements of unpaid assessments; (13) May provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance; (14) Subject to subsection (d) of section 47-261e, may assign its right to future income, including the right to receive common expense assessments; (15) May exercise any other powers conferred by the declaration or bylaws; (16) May exercise all other powers that may be exercised in this state by legal entities of the same type as the association; (17) May exercise any other powers necessary and proper for the governance and operation of the association; (18) May require, by regulation, that disputes between the executive board and unit owners or between two or more unit owners regarding the common interest community must be submitted to nonbinding alternative dispute resolution in the manner described in the regulation as a prerequisite to commencement of a judicial proceeding; and …

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