Weldy v. Northbrook Condominium Association, Inc.

279 Conn. 728, 904 A.2d 188 (2006)

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Weldy v. Northbrook Condominium Association, Inc.

Connecticut Supreme Court
279 Conn. 728, 904 A.2d 188 (2006)

Facts

Article 9(e) of the declaration of the Northbrook Condominium Association, Inc. (the association) (defendant) required pets to be restrained by a leash and accompanied by an owner at all times. The declaration also authorized the association’s board of directors to make regulations as necessary to carry out the intent of the restrictions set forth in the declaration. The association’s bylaws authorized the board to amend the declaration itself only if two-thirds of the condominium’s owners agreed to do so. On June 27, 2003, the board sent a letter notifying residents that it had adopted a regulation requiring leashes to be 20 feet or fewer in length. The letter explained that the regulation was a clarification of Article 9(e), which did not define the term “leash,” and that the board had adopted the regulation to ensure that pets were sufficiently controlled to avoid injury to residents, their guests, and other pets. Residents Thomas P. Weldy and Elizabeth C. Weldy (plaintiffs) sued the board, arguing that the resolution was an amendment to the declaration and that the association had exceeded its authority by enacting the amendment without the approval of two-thirds of unit owners. The trial court found for the association. The appellate court reversed, and the association appealed.

Rule of Law

Issue

Holding and Reasoning (Zarella, J.)

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