(Waterbury Republican-American) Sen. Kane, Rep. O’Neill seek to protect democratic process at Southbury’s Heritage Village

March 28, 2013

Southbury condo budget bill back before legislature

BY CHRIS GARDNER REPUBLICAN-AMERICAN

SOUTHBURY — For the second straight year, lawmakers are considering a bill that would change how Heritage Village and other common ownership communities adopt their budgets.

The Judiciary Committee held a public hearing Monday at which Rep. Arthur J. O’Neill, R-Southbury, and Sen. Robert J. Kane, R-Watertown, testified. O’Neill and Kane co-sponsored the bill.

Under current law, condominium budgets must be approved by a majority of all unit owners to pass, regardless of whether people actually vote. All unreturned ballots are considered “yes” votes.

The bill proposes to count only the ballots that are cast, the way most towns adopt their budgets.

It would also require that the number of votes to reject a budget exceed one-third of the total unit owners. That, O’Neill and Kane have said, would prevent small and unrepresentative minorities from blocking adoption of the budget.

Heritage Village is the state’s largest age-restricted community, with more than 4,000 residents and 2,580 units. Its annual operating budget is $16 million, more than many towns in Connecticut.

“We continue to support this issue because it boils down to fairness,” Kane said. “Those who vote should have their votes counted. This bill enables condominium owners to regain control over their management. The right to vote down the budget by majority of votes cast will keep costs in check and improve efficiency.”

O’Neill said he hopes the House and Senate pass the bill again this year.

Last year it stalled when it reached Gov. Dannel P. Malloy’s desk.

Malloy vetoed it, saying that while he agreed the unreturned ballot provision was unfair, protections for unit owners were watered down in the final bill.

“This bill is meant to protect and enhance the democratic process at Southbury’s Heritage Village and all condominiums throughout the state,” O’Neill said.