Validating history

For that reason, the heading of section 2 of the validating act, "Condominiums", is under-inclusive.

Subsection (a) validates declarations under chapter 825 and instruments waiving the provisions of chapter 825 under the circumstances set out in the subdivisions that are analyzed below.

Section 47-228 concerning Common Interest Communities requires certification of a survey by a licensed surveyor, architect, engineer or landscape architect but would not apply to chapter 825 declarations. The review did not disclose any requirement that the building have a name. This subdivision validates the declaration or instrument if it "does not contain a reference to the file number of the floor plans of the building affected thereby".

The declaration for those condominiums will already have been filed.

However, no new chapter 825 condominium interests are being created, and while condominiums created under those laws still exist, section 47-223 of the Common Interest Ownership Act now generally governs the requirements for description of the unit with respect to old condominiums. Condominiums subject to the Common Interest Ownership Act are subject to the provisions of section 47-222(d) and 47-223 which validate title notwithstanding certain insubstantial defects in the declaration and which limit the requirements for a description. This subdivision validates a declaration or amendment which fails "to contain any provision, statement or information required by statute to be included in such declaration or amendment."Declaration requirements are set out generally in section 47-224.

However, the extremely broad language of the subdivision (1) validating provision appears, on its face, to validate declarations that otherwise lack legal sufficiency.

Whether a substantial failure impairs marketability is not affected by this chapter."This provision dates back to section 2(c)(1) of the 1993 act, Special Act 93-17.

As noted above, its blanket validating provisions are too broad.

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