Legal Question in Real Estate Law in Connecticut

Condominium Sale

My mother purchased a condominium 10 years ago. It is 1 of app. 100 units in a converted apartment building. Only 10 units are currently owned by independant owners, and the balance are rented out by the owners, who purchased the property 5 years ago. One year ago, the condominium association passed a by-law that gives the owners the 'right of first refusal' to any sale by the current owners. As such, my mother is prevented from selling her unit to my brother to protect her assets in the event she has to enter a nursing home. Since the association consists of the 90 unsold units being represented by 1 party (i.e. 90 votes) vs. the 10 independant owners, can they legally block this sale?


Asked on 6/23/03, 7:53 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Condominium Sale

It's not unusual for the condo ass'n to have a right of first refusal, but without seeing the by-laws and declaration I can't tell if the proper procedures were followed (I suspect they were, however). On the other hand, your mother isn't prevented from selling the condo to your brother, she just has to offer it to the ass'n on the same terms first. Perhaps she could offer to sell it to him, reserving to herself a life use. That way there's no way the ass'n would exercise their right of first refusal and she could get it out of her name, but keep a life estate.

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Answered on 6/23/03, 9:16 am


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