Southbury Legislators Disappointed by Malloy Veto of Heritage Village Condo Voting Bill

State Senator Rob Kane and State Representative Arthur J. O’Neill, seen here at a Town Hall Meeting with Heritage Village residents, expressed disappointment upon learning of Gov. Dannel P. Malloy’s veto of legislation which would have reformed the voting regulations for the Heritage Village condo community and helped to make the state’s condominium voting process more democratic.The lawmakers vowed to attempt to overide the veto, and if that is not successful, they will introduce this legislation again next year.

State Representative Arthur J. O’Neill (R-69) and State Senator Rob Kane (R-32) expressed disappointment today upon learning of Gov. Dannel P. Malloy’s veto of legislation which would have reformed the voting regulations for the Heritage Village condo community and helped to make the state’s condominium voting process more democratic.

The bill – sponsored by the Southbury legislators – passed unanimously in both the House and Senate.

It would have required the budget of a condominium community with over 2,400 units to be approved by a majority of the unit owners voting, instead of a majority of total unit owners.

“The current system essentially renders non-voters automatically counted as ‘yes’ votes – a practice that is undemocratic and problematic for large condo communities,” Sen. Kane said. “We are disappointed the governor does not see it this way.”

In addition to requiring a simple majority in order to defeat a budget, the bill provided that the number voting in opposition exceed 1/3 of the total unit owners. This qualification would have prevented small and unrepresentative populations from blocking what would otherwise be a satisfactory budget.

“Current law allows large-scale condominium budgets to be decided by people who do not vote – a fundamentally illogical and counterintuitive way to determine a budget,” Rep. O’Neill said. “Heritage Village has an annual budget of around $16 million and many members are on fixed incomes. With so much money at stake, voters deserve complete control over the outcome of their elections, and this bill would have achieved that goal by replacing an undemocratic system with a fair and balanced approach.”

The lawmakers vowed to attempt to overide the veto, and if that is not successful, they will introduce this legislation again next year.

“We applaud the many condominium owners from Heritage Village and from across the state for coming to the State Capitol and speaking out in favor of this legislation,” Sen. Kane said. “Your voices were heard by the entire state legislature and you made a difference. The only one who did not hear you is Governor Malloy. He apparently did not see that this issue boils down to fairness. Those who vote should have their votes counted. Those who do not vote have no say in the outcome. This legislation would have enabled condominium owners to regain control over their management. The right to vote down the budget by majority of votes cast would have kept costs in check and improve efficiency.”

Rep. O’Neill added, “I want to thank my legislative colleagues for their unanimous support for this bill. Our goal all along has been to provide the people of Heritage Village with a just and meaningful process for deciding the outcome of referendums that affect both their homes and their finances. This veto is a setback for us, but we will not be deterred.”

Rep. O’Neill and Senator Kane introduced and co-sponsored HB 5511 – AAC the Budget, Special Assessment and Assignment of Future Income Approval Process in Common Interest Ownership Communities. The legislators generated support for the bill from various stakeholders, including the Connecticut Chapter of the Community Association Institute, and bipartisan support from Democrats and Republicans in the legislature’s Judiciary Committee.

The only common ownership community that would have been affected by the legislation was Southbury’s Heritage Village community, the largest 55+ adult condominium complex in the state with almost 4,000 people residing in over 2,500 units.

The issue with current law was brought to the lawmakers’ attention by their constituents living in Heritage Village. In an effort to understand how to best address this problem in the legislature, they have hosted forums at Heritage Village and listened firsthand to the concerns of residents.