Violation of provisions of chapter. Declaratory ruling. Unfair trade practice.

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(a) A resident who claims that an owner is violating any provision of this chapter, or an owner who claims that a resident is violating any provision of this chapter, may request a declaratory ruling from the Department of Consumer Protection.

(b) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under chapter 735a.

(P.A. 91-383, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Mobile home owners' association required to request declaratory ruling prior to seeking judicial relief. 310 C. 797.

The words “may request” re declaratory ruling does not permit a resident to bypass statutory scheme for administrative review, and resident who brought action directly to Superior Court failed to exhaust administrative remedies. 131 CA 567; judgment affirmed, see 310 C. 797.


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