The plaintiff, Enrico Vaccaro, appeals from the summary judgment rendered by the trial court in favor of the defendants, Shell Beach Condominium, Inc. (association), and certain individual members of its board of directors, Andrew Hames, Frank Meolli, Michael Gagliardi, Michelle Augliera, and Raymond Vermette (individually named defendants), on the basis that all of the plaintiff's claims arising from the deprivation of the use of a particular garage were time barred.

The plaintiff argues that the court erred in rendering summary judgment in favor of the defendants, because, inter alia: (1) the trial court applied the wrong statute of limitations to count one of his complaint, which sought to enforce the condominium instruments; and (2) genuine issues of material fact exist as to whether the applicable statutes of limitations were tolled by virtue of the continuing course of conduct doctrine. We affirm the judgment of the court. 1

Evidence concerning the following facts and procedural history appears in the record. Shell Beach Condominium (condominium) is a condominium complex located in East Haven and organized pursuant to the Condominium Act of 1976 (Condominium Act), General Statutes § 47-68a et seq. It is comprised of forty-seven residential units and fifty-two garages, 2 and includes a number of open-air parking spaces. The association is a nonstock corporation, owned by the unit owners of the condominium; membership in the association occurs immediately upon acquisition of title in a unit. The affairs of the condominium are conducted by a board of directors (board), all of whom are unit owners. See General Statutes § 47-80 (c) (1) (bylaws required to contain, inter alia, "[t]he election from among the unit owners of a board of directors"). Each of the individually named defendants was a member of the board when the plaintiff commenced this action.

In 1999, the plaintiff became a unit owner in the condominium when he purchased his individual unit from Salvatore Amendola, who was assisted in the sale by his daughter, Rosalie Porrello. The warranty deed, dated May 26, 1999, and recorded May 27, 1999, purported to convey unit 14 and garage 49. 3 During this transaction, the plaintiff was informed that garage 49 was the garage that would be conveyed with unit 14. Neither Amendola nor Porrello, however, discussed with the plaintiff any use of or ownership in garage 14. 4 Further, although Amendola was a member of the board at the time of the transaction, he was selling a unit that he personally owned. 5 Apart from his conversations with Amendola, the plaintiff did not speak with any member on the board at the time of the conveyance, nor did he speak with any of the individually named defendants, at or before the time of the closing. 6

The plaintiff did not receive the condominium declaration prior to or during the closing; instead, the association mailed it to him at some point thereafter. Although the plaintiff received a copy of the declaration in 1999, he admittedly did not review that document until 2009.

In January, 2009, the plaintiff received a tax assessment that he believed to be substantially higher than prior assessments. He contacted the assessor, and was informed that he was being assessed for both garage 14 and garage 49. After this conversation, the plaintiff examined the condominium instruments 7 and came to believe that he was entitled to the exclusive use of garage 14, not garage 49. 8 The plaintiff contacted the board and demanded that it, on behalf of the association, take action to provide him with use of garage 14 pursuant to the applicable statutory authority and provisions of the condominium instruments. After the board denied the plaintiff's request, the plaintiff commenced this action by summons and a seven count complaint 9 on each of the defendants in July, 2009, in which he alleged, inter alia, that the defendants had deprived him of the use of garage 14 in violation of the condominium instruments and the Condominium Act.

The defendants filed a motion for summary judgment on January 23, 2012, in which they claimed, inter alia, that the statutes of limitations had run on all seven counts of the plaintiff's complaint. 10 After the court allowed additional time for the parties to conduct discovery, and the parties had filed additional briefs, the court heard argument on October 20, 2014. In a memorandum of decision dated February 9, 2015, the court granted the defendants' motion for summary judgment as to all counts, making several determinations relevant to this appeal. First, it determined that, pursuant to the declaration, garages are limited common elements of the condominium, 11 rather than units 12 as the defendants had contended. Second, it also determined that the declaration did not require that particular garages or parking areas be assigned to any particular units, and the defendants therefore had no ongoing duty to ensure that the plaintiff, as title owner of unit 14, be assigned garage 14. Having already concluded that there was no genuine issue of material fact concerning whether the applicable statute of limitations as to each count had run, the court accordingly rendered judgment for the defendants on all counts. 13 The plaintiff filed a motion for reargument and/or reconsideration, which the court denied. This appeal followed. 14

I

The plaintiff argues that the court erred in rendering summary judgment on the first count of his complaint, in which he claimed that the defendants, by their conduct, had violated General Statutes § 47-75 (a), 15 because it improperly relied upon the wrong limitations period in ruling on the timeliness of that claim. In this respect, the plaintiff makes two separate and distinct claims. First, he argues that the court erred in determining that any statute of limitations applies to count one because a claim under § 47-75 is equitable in nature. Second, he argues that, even if the court properly determined that the claim pleaded in his first count is subject to a statute of limitations, the court erred in determining that the applicable limitations period is the three year limitations period for tort actions.

The determination of which statute of limitations applies to a given action is a question of law over which our review is plenary. See Fleet National Bank v. Lahm , 86 Conn.App. 403 , 405, 861 A.2d 545 (2004), cert. denied, 273 Conn. 904 , 868 A.2d 744 (2005). We address each of the plaintiff's claims in turn.

A

With respect to his first claim, the plaintiff argues that the court improperly determined that count one is subject to any statute of limitations because an action pursuant to § 47-75 is equitable, and equitable proceedings are not subject to statutes of limitations. 16 We disagree.

The following facts are relevant to the resolution of this claim. In the first count of the complaint, the plaintiff alleges that the defendants, pursuant to both § 47-75 and article 15 of the declaration, 17 are required to comply with and enforce the condominium instruments and the Condominium Act. Pursuant to the declaration, the plaintiff alleges that garages are limited common elements, and that he, as the title owner of unit 14, is entitled to an exclusive easement in garage 14. He further alleges that the declaration forbids any attempt to convey or mortgage the title to a unit without conveying all appurtenant interests or any attempt to sell or transfer an appurtenant interest except as part of the unit to which it is attached, and that the defendants, "in violation of the condominium instruments and the Condominium Act," have "wilfully allowed and/or permitted and/or caused" the interest in garage 14 to be severed from unit 14 and unit 14 to be sold to the plaintiff without the exclusive use of garage 14, and have "wilfully allowed and/or caused and/or permitted and/or continue to permit" another unit owner to use garage 14. (Internal quotation marks omitted.) Further, the plaintiff alleges that the defendants have failed to correct this situation, despite demands by the plaintiff that they "comply with and enforce the condominium instruments, the Condominium Act ... and the easement in favor of the plaintiff for the exclusive use of" the garage. (Internal quotation marks omitted.) As a result of the defendants' actions, the plaintiff alleges a number of injuries, including that he has been denied the use of garage 14 and has suffered financial harm because, inter alia, he has been assessed for and has paid taxes on that garage, paid for electricity for that garage, and the fair market value of his property has been substantially reduced. Counts two through seven of his complaint rely on most of the same operative facts as count one. In his prayer for relief, he seeks, inter alia, various forms of injunctive relief pursuant to § 47-75 and compensatory damages, but does not attempt to allocate any particular relief to any particular count.

Our case law draws a distinction where statutes of limitations are concerned between purely equitable proceedings and actions where a party can seek both legal and equitable relief. "[I]n an equitable proceeding, a court may provide a remedy even though the governing statute of limitations has expired, just as it has discretion to dismiss for laches an action initiated within the period of the statute.... Although courts in equitable proceedings often look by analogy to the statute of limitations to determine whether, in the interests of justice, a particular action should be heard, they are by no means obliged to adhere to those time limitations." (Citations omitted.) Dunham v. Dunham , 204 Conn. 303 , 326-27, 528 A.2d 1123 (1987), overruled in part on other grounds by Santopietro v. New Haven , 239 Conn. 207 , 213 n.8, 221, 682 A.2d 106 (1996).

The situation is different, however, where a party asserts a cause of action, pursuant to which it rightfully could seek both legal and equitable relief. "[W]here a party seeks equitable relief pursuant to a cause of action that would also allow that party to seek legal relief, concurrent legal and equitable jurisdiction exists, and the statute of limitations that would be applicable to bar the legal claim also applies to bar the equitable claim." (Internal quotation marks omitted.) Gager v. Sanger , 95 Conn.App. 632 , 641-42, 897 A.2d 704 , cert. denied, 280 Conn. 905 , 907 A.2d 90 (2006). For instance, in Dowling v. Finley Associates, Inc. , 49 Conn.App. 330 , 334-35, 714 A.2d 694 (1998), rev'd on other grounds, 248 Conn. 364 , 727 A.2d 1245 (1999), this court held that the plaintiff's claims for equitable relief pursuant to a provision of the Connecticut Uniform Securities Act, General Statutes § 36b-29 (a), were barred by the time limitation set forth in that statute.

A party asserting a claim pursuant to the Condominium Act can seek either legal or equitable relief; see General Statutes § 47-75 (a) ; and a fair reading of count one of the plaintiff's complaint and the prayer for relief therein suggests that the plaintiff sought both. Further, the plaintiff has pleaded the same essential facts in each of the counts on which he bases his claims for legal and equitable relief. See Certain Underwriters at Lloyd's, London v. Cooperman , 289 Conn. 383 , 411, 957 A.2d 836 (2008) (affirming trial court's determination that, where legal claims for statutory theft and conversion were time barred, "the plaintiffs' equitable claims based on the same facts also [were] time barred" [emphasis added] ). Under these circumstances, the court has concurrent equitable and legal jurisdiction, and the running of the applicable limitation period would bar both the plaintiff's legal and equitable claims brought pursuant to § 47-75. 18

B

The plaintiff next argues that, even if the court properly determined that count one alleging a violation of § 47-75 is subject to a statute of limitations, it improperly determined that count one was subject to the three year limitations period set forth in General Statutes § 52-577, 19 which governs torts generally. Noting "the unique nature of condominiums," he asserts that the Condominium Act is concerned with property rights and that the declaration provides that both the relevant statutory provisions and the condominium instruments are covenants that run with the land. 20 Arguing that the appropriate limitations period therefore must be grounded in property law and asserting that his claims are similar to adverse possession claims, the plaintiff contends that the only potentially applicable limitations period is the fifteen year period prescribed for such an action by General Statutes § 52-575 (a). 21 The individually named defendants and the association disagree with the plaintiff and with each other as to which statute of limitations applies to claims brought pursuant to § 47-75. The individually named defendants assert that, because the plaintiff repeatedly contends that the defendants violated the Condominium Act, count one asserts a claim for a statutory violation and, thus, is subject to § 52-577. In contrast, the association claims that the plaintiff's first cause of action asserts a violation of the defendants' duties pursuant to the declaration and, therefore, is governed by General Statutes § 52-576 (a), 22 or, if interpreted as asserting a violation of the Condominium Act, by § 52-577. We conclude that either § 52-576 or § 52-577 would apply to bar this cause of action.

"[W]hen a statute includes no express statute of limitations, we should not simply assume that there is no limitation period. Instead, we borrow the most suitable statute of limitations on the basis of the nature of the cause of action or of the right sued upon." Bellemare v. Wachovia Mortgage Corp ., 284 Conn. 193 , 199, 931 A.2d 916 (2007) ; see also 51 Am. Jur. 2d 533, Limitation of Actions § 129 (2000) ("The nature of the cause of action or of the right sued upon is the test by which to determine which statute of limitations applies and whether the action is barred by the running of the limitation period. Thus, for an action under a state statute that lack[s] an express limitations period, the courts look to analogous causes of action for which express limitations periods are available, either by statute or by case law." [Footnote omitted.] ).

A number of cases have addressed whether an action sounds in contract or in tort. See, e.g., Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. , 311 Conn. 282 , 290-93, 87 A.3d 534 (2014) ; Bellemare v. Wachovia Mortgage Corp ., supra, 284 Conn. at 200-204 , 931 A.2d 916 ; Gazo v. Stamford , 255 Conn. 245 , 262-67, 765 A.2d 505 (2001). "[T]he fundamental difference between tort and contract lies in the nature of the interests protected.... The duties of conduct which give rise to [a tort action] are imposed by the law, and are based primarily upon social policy, and not necessarily upon the will or intention of the parties.... Furthermore, other courts have held that, when a plaintiff seeks to recover damages for the breach of a statutory duty, such an action sounds in tort." (Citation omitted; internal quotation marks omitted.) Bellemare v. Wachovia Mortgage Corp ., supra, at 200, 931 A.2d 916 . "On the other hand, [c]ontract actions are created to protect the interest in having promises performed. Contract obligations are imposed because of [the] conduct of the parties manifesting consent, and are owed only to the specific individuals named in the contract.... In short, [a]n action in contract is for the breach of a duty arising out of a contract; an action in tort is for a breach of duty imposed by law." (Citation omitted; internal quotation marks omitted.) Id.

In this case, we are not required to resolve whether count one sounds in contract or in tort. The court in its memorandum of decision determined that the applicable statute of limitations for each count of the plaintiff's complaint began to run in May, 1999, when the plaintiff purchased unit 14 in a deed dated May 26, 1999, and recorded on May 27, 1999. The plaintiff has not argued on appeal that the court erred in relying on this date. Thus, as it also is uncontested that this action was commenced in July, 2009, count one would be outside the limitations period provided under either §§ 52-576 or 52-577 and, in the absence of an equitable basis for tolling the limitations period, would be barred.

In this light, we now consider the plaintiff's arguments that the most applicable limitations period is not one governing claims sounding in tort or in contract, but rather the time period provided in § 52-575, which defines a claimant's right to title based on adverse possession. "[T]o establish title by adverse possession, the claimant must oust an owner of possession and keep such owner out without interruption for fifteen years by an open, visible and exclusive possession under a claim of right with the intent to use the property as his own and without the consent of the owner.... A finding of adverse possession is to be made out by clear and positive proof.... The burden of proof is on the party claiming adverse possession." (Internal quotation marks omitted.) Caminis v. Troy , 300 Conn. 297 , 311, 12 A.3d 984 (2011). The courts of this state frequently have referred to the fifteen year period provided in § 52-575 (a) as a statute of limitations. See, e.g., id. ; Pollansky v. Pollansky , 162 Conn.App. 635 , 654, 133 A.3d 167 (2016) ; Eberhart v. Meadow Haven, Inc ., 111 Conn.App. 636 , 645-46, 960 A.2d 1083 (2008). A determination that an adverse possessor meets the requirements of § 52-575 (a) prevents the original title owner from recovering on equitable claims based on title to the property. See Caminis v. Troy , supra, at 299-300, 12 A.3d 984 (affirming trial court judgment against plaintiff seeking declaratory and injunctive relief on alternative ground that claims were "barred because they were brought outside the fifteen year limitations period").

A proper framing of the plaintiff's theory of recovery and of the relationships among the parties reveals compelling reasons to reject the plaintiff's proposal to use the limitations period set forth in our adverse possession statute. In the plaintiff's analogy, he is the rightful owner or possessor of garage 14 by virtue of the condominium instruments; therefore, if the analogy were to hold, he would be suing the defendants as the adverse possessors of the property. He does not allege or present any evidence, however, that the association or the individually named defendants, in their roles as directors of the board of the condominium, are in actual possession, or have been in possession, of garage 14 since the allegedly impermissible severance of that interest from unit 14, and no evidence in the record supports such a finding. Nor does he allege in his complaint or present any evidence showing that the current owner and user of garage 14, who has never been made a party to this action, is using it pursuant to the type of agreement or relationship with the defendants from which it could be inferred that the defendants, through that occupant, have been making the type of adverse and hostile use of the property in derogation of the plaintiff's interest that would constitute adverse possession. Cf. Richmond v. Stahle , 48 Conn. 22 , 23 (1880) (possession by tenant of adversely possessing landlord may be tacked onto landlord's use when determining whether landlord has held property against third parties' possessory interest for statutory period). Instead, the plaintiff's entire theory of recovery against the defendants rests on the assertion that they breached their statutory and contractual duties to him by causing or failing to prevent the severance of garage 14 from unit 14 and by failing thereafter to take any action to return possession of the garage to him. 23 Actions that assert a breach of a duty sound in contract or tort, depending on the source of the duty alleged. See Bellemare v. Wachovia Mortgage Corp ., supra, 284 Conn. at 200 , 931 A.2d 916 .

It is undisputed that the court is required in cases such as this one to determine what is the most analogous statute of limitations, given the "nature of the cause of action or of the right sued upon." Id., at 199, 931 A.2d 916 . The analysis employed by our Supreme Court in Bellemare could support the application in this case of either the general tort or written contract statute of limitations. Determining that an action seeking damages for violation of General Statutes § 49-8, the mortgage release statute, sounded in tort, our Supreme Court noted that, despite the presence of a contract, the duty contemplated arose entirely by statute and would exist even without any specific terms in a mortgage contract. Id., at 200-201, 931 A.2d 916 ("the mortgage contract may be silent with regard to the issuance of a release, may provide for a longer or shorter time period for the issuance of a release, or may be vague or uncertain as to the period for the issuance of a release"). Unlike this case, however, the court in Bellemare also noted that "[t]here [was] no allegation in this count of the complaint that a term of the mortgage contract had been breached"; id., at 201, 931 A.2d 916 ; and that "the record and case file do not contain a copy of the mortgage contract" at issue there. Id., at 201 n. 8. 24

Additionally, accepting the plaintiff's adverse possession argument would result in one of two unfavorable outcomes. First, at a bare minimum, it would require the courts to apply different limitations periods to a single duty, which is something that we generally seek to avoid because it would lead to an unpredictable result. See id., at 201-202, 931 A.2d 916 (rejecting interpretation of § 49-8 that would, inter alia, result in different limitations periods depending on specific claim brought). Alternatively, it would necessitate that we apply a fifteen year statute of limitations period to all claims pursuant to § 47-75 (a), regardless of the type of claim asserted, the source of the right sued upon, or the particular relief requested. "[I]t is axiomatic that those who promulgate statutes ... do not intend to promulgate statutes ... that lead to absurd consequences or bizarre results." (Internal quotation marks omitted.) State v. Courchesne , 296 Conn. 622 , 710, 998 A.2d 1 (2010). Although we note that the plain language of the statute might support an argument for the application of two statutes of limitations-one for those coming from the condominium instruments, another for those duties specifically arising from the Condominium Act; see General Statutes § 47-75 (a) (liability results from failure to comply "with [the Condominium Act], the condominium instruments, and the rules and regulations adopted pursuant thereto"); we conclude that the plaintiff has not presented any reason for us to risk either further confusion or a patently absurd result by applying yet a third potential limitations period that finds no explicit support within the section's text.

Finally, although the nature of the relief requested can be indicative of the nature of the right or cause of action at issue; see Gazo v. Stamford , supra, 255 Conn. at 265-66 , 765 A.2d 505 (action seeking damages for, inter alia, pain and suffering sounded in tort, not contract); it is by no means determinative in every case. See Bellemare v. Wachovia Mortgage Corp ., supra, 284 Conn. at 200-204 , 931 A.2d 916 (relying on numerous factors, including source of underlying duty, desirability of having one statute of limitations for duty created by statute, and similarity of claim pursuant to § 49-8 to common-law action for slander of title, to determine that § 49-8 claim sounds in tort); see also Bellemare v. Wachovia Mortgage Corp. , 94 Conn.App. 593 , 600-605, 894 A.2d 335 (2006) (relying on additional factors, such as structure of complaint's allegations, "distinct relief" requested for each count, and legislative history and statutory scheme of § 49-8 ), aff'd, 284 Conn. 193 , 931 A.2d 916 (2007). The nature of the right or cause of action alleged by the plaintiff in count one is not similar in its essence to an adverse possession claim, and we reject the plaintiff's argument that the only appropriate statute of limitations for that cause of action is that set forth in § 52-575. 25 Accordingly, the trial court properly concluded that the first count of the plaintiff's complaint was time barred. II

The plaintiff next argues that the court improperly rendered summary judgment because it erroneously determined that five counts of his complaint 26 were time barred due to his failure to demonstrate a genuine issue of material fact as to the applicability of the continuing course of conduct doctrine. We disagree.

"Practice Book [§ 17-49 ] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.... In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party.... The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law ... and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact.... A material fact ... [is] a fact which will make a difference in the result of the case.... Finally, the scope of our review of the trial court's decision to grant the [defendant's] motion for summary judgment is plenary.... Summary judgment may be granted where the claim[s] [are] barred by the statute of limitations.... Summary judgment is appropriate on statute of limitations grounds when the material facts concerning the statute of limitations [are] not in dispute ....

"[I]n the context of a motion for summary judgment based on a statute of limitations special defense, a defendant typically meets its initial burden of showing the absence of a genuine issue of material fact by demonstrating that the action had commenced outside of the statutory limitation period.... When the plaintiff asserts that the limitations period has been tolled by an equitable exception to the statute of limitations, the burden normally shifts to the plaintiff to establish a disputed issue of material fact in avoidance of the statute." (Citation omitted; internal quotation marks omitted.) Flannery v. Singer Asset Finance Co., LLC , 312 Conn. 286 , 309-310, 94 A.3d 553 (2014).

The plaintiff does not argue that the court erred in relying upon the transfer of the unit from Amendola to the plaintiff in May, 1999, as the relevant point for determining when the various statutes of limitations began to run. Additionally, beyond his arguments concerning the appropriate statute of limitations, if any, governing count one, he does not contest that, without the application of a ground to justify the equitable tolling of the statute of limitations, each of the five remaining counts would be barred as beyond the applicable limitations period. See Rickel v. Komaromi , 144 Conn.App. 775 , 782, 73 A.3d 851 (2013) (trespass claims subject to three year limitations period in § 52-577 ); Blinkoff v. O & G Industries, Inc. , 113 Conn.App. 1 , 8, 965 A.2d 556 ("General Statutes § 42-110g [f], which governs CUTPA claims, provides: An action under this section may not be brought more than three years after the occurrence of a violation of this chapter" [internal quotation marks omitted] ), cert. denied, 291 Conn. 913 , 969 A.2d 175 (2009) ; Ahern v. Kappalumakkel , 97 Conn.App. 189 , 192 n.3, 903 A.2d 266 (2006) ("[b]reach of fiduciary duty is a tort action governed by the three year statute of limitations contained within ... § 52-577 "); Bellemare v. Wachovia Mortgage Corp. , supra, 94 Conn. App. at 610 , 894 A.2d 335 ("a claim brought pursuant to a contract, alleging a breach of the implied covenant of good faith and fair dealing, sounds in contract ... [and] is therefore subject to the six year contract statute of limitations as provided in § 52-576 ); 27 see also part I B of this opinion (determining whether §§ 52-577 or 52-576 is applicable statute of limitations to cause of action in count one unnecessary under facts of this case).

Instead, the plaintiff asserts that these limitations periods were tolled by the continuing course of conduct doctrine. "In certain circumstances ... we have recognized the applicability of the continuing course of conduct doctrine to toll a statute of limitations. Tolling does not enlarge the period in which to sue that is imposed by a statute of limitations, but it operates to suspend or interrupt its running while certain activity takes place.... Consistent with that notion, [w]hen the wrong sued upon consists of a continuing course of conduct, the statute does not begin to run until that course of conduct is completed." (Citations omitted; internal quotation marks omitted.) Flannery v. Singer Asset Finance Co., LLC , supra, 312 Conn. at 311 , 94 A.3d 553 .

"[I]n order [t]o support a finding of a continuing course of conduct that may toll the statute of limitations there must be evidence of the breach of a duty that remained in existence after commission of the original wrong related thereto. That duty must not have terminated prior to commencement of the period allowed for bringing an action for such a wrong .... Where we have upheld a finding that a duty continued to exist after the cessation of the act or omission relied upon, there has been evidence of either a special relationship between the parties giving rise to such a continuing duty or some later wrongful conduct of a defendant related to the prior act.... Therefore, a precondition for the operation of the continuing course of conduct doctrine is that the defendant must have committed an initial wrong upon the plaintiff.... A second requirement for the operation of the continuing course of conduct doctrine is that there must be evidence of the breach of a duty that remained in existence after commission of the original wrong related thereto.... The doctrine of continuing course of conduct as used to toll a statute of limitations is better suited to claims where the situation keeps evolving after the act complained of is complete ...." (Citations omitted; internal quotation marks omitted.) Targonski v. Clebowicz , 142 Conn.App. 97 , 108-09, 63 A.3d 1001 (2013).

"In sum, [i]n deciding whether the trial court properly granted the defendant's motion for summary judgment, we must determine if there is a genuine issue of material fact with respect to whether the defendant: (1) committed an initial wrong upon the plaintiff; (2) owed a continuing duty to the plaintiff that was related to the alleged original wrong; and (3) continually breached that duty." (Internal quotation marks omitted.) Flannery v. Singer Asset Finance Co., LLC , supra, 312 Conn. at 313 , 94 A.3d 553 . "[I]f there is no genuine issue of material fact with respect to any one of the three prongs ... summary judgment is appropriate." Cefaratti v. Aranow , 154 Conn.App. 1 , 11, 105 A.3d 265 (2014), rev'd on other grounds, 321 Conn. 593 , 141 A.3d 752 (question certified in plaintiff's petition), aff'd, 321 Conn. 637 , 138 A.3d 837 (question certified in defendants' petition) (2016).

In support of his claim that the continuing course of conduct doctrine applies, the plaintiff makes the following contentions. First, he asserts that, pursuant to the declaration, garage 14 is assigned as a limited common element to unit 14. Other provisions of the declaration, he contests, forbid the severance of the garage from the unit, and, pursuant to the Condominium Act and the condominium instruments, the defendants had the power and obligation to both prevent this severance and take the necessary actions to correct the continuance thereof. 28 Thus, although the plaintiff asserted varying theories of recovery in his complaint, some of which do not require the existence of a duty of care, 29 the central underlying ground for each of the plaintiff's arguments concerns the duties owed to the plaintiff "from the [Condominium] Act and the condominium instruments, which place the obligation of enforcing their provisions on the association." 30

"Duty is a legal conclusion about relationships between individuals, made after the fact .... The nature of the duty, and the specific persons to whom it is owed, are determined by the circumstances surrounding the conduct of the individual." (Internal quotation marks omitted.) Lawrence v. O & G Industries, Inc. , 319 Conn. 641 , 649, 126 A.3d 569 (2015). "A duty ... may arise from a contract [or] ... from a statute ...." Coburn v. Lenox Homes, Inc. , 186 Conn. 370 , 375, 441 A.2d 620 (1982).

Reviewing the plaintiff's claims requires us to consider and interpret those provisions of the Condominium Act and the condominium instruments relevant to the issues raised; we restate the principles that govern this analysis. "[C]onstruing a statute is a question of law." Somers West Towne Houses, Inc. v. LAS Properties Ltd. Partnership , 108 Conn.App. 426 , 432, 949 A.2d 483 (2008). "The principles that govern statutory construction are well established. When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply.... In seeking to determine that meaning, General Statutes § 1-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.... When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter ...." (Internal quotation marks omitted.) Mickey v. Mickey, 292 Conn. 597 , 613-14, 974 A.2d 641 (2009).

Determining the defendants' responsibilities under the condominium instruments on which the plaintiff relies-specifically, the declaration and the bylaws-also requires resolution of questions of law. Oronoque Shores Condominium Assn. No. 1, Inc. v. Smulley , 114 Conn.App. 233 , 237, 968 A.2d 996 ("The interpretation of a condominium's declaration presents a question of law.... We also conduct plenary review of corporate articles and bylaws." [Citation omitted; internal quotation marks omitted.] ), cert. denied, 292 Conn. 922 , 974 A.2d 722 (2009). "Because the [condominium] declaration operates in the nature of a contract, in that it establishes the parties' rights and obligations, we apply the rules of contract construction to the interpretation of [the declaration]." (Internal quotation marks omitted.) Harbour Pointe, LLC v. Harbour Landing Condominium Assn., Inc ., 300 Conn. 254 , 259, 14 A.3d 284 (2011).

"[W]e first attempt to ascertain the parties' intent from the language they used in their contract, looking at the contract as a whole and giving the contract's words their ordinary meaning and one that renders its provisions consistent.... Only if the language in the contract is truly capable of more than one reasonable interpretation will we look to evidence beyond the contract language for guidance as to what the parties intended." (Citation omitted.) C & H Electric, Inc. v. Bethel , 312 Conn. 843 , 853, 96 A.3d 477 (2014). "The rules of construction dictate giving effect to all the provisions of a contract, construing it as a whole and reconciling its clauses. ... Where two clauses which are apparently inconsistent may be reconciled by a reasonable construction, that construction must be given, because it cannot be assumed that the parties intended to insert inconsistent and repugnant provisions." (Internal quotation marks omitted.) Regency Savings Bank v. Westmark Partners , 59 Conn.App. 160 , 166, 756 A.2d 299 (2000).

"[A] contract is unambiguous when its language is clear and conveys a definite and precise intent. ... The court will not torture words to impart ambiguity where ordinary meaning leaves no room for ambiguity.... Moreover, the mere fact that the parties advance different interpretations of the language in question does not necessitate a conclusion that the language is ambiguous.... In contrast, a contract is ambiguous if the intent of the parties is not clear and certain from the language of the contract itself.... [A]ny ambiguity in a contract must emanate from the language used by the parties.... The contract must be viewed in its entirety, with each provision read in light of the other provisions ... and every provision must be given effect if it is possible to do so.... If the language of the contract is susceptible to more than one reasonable interpretation, the contract is ambiguous." (Internal quotation marks omitted.) Harbour Pointe, LLC v. Harbour Landing Condominium Assn., Inc. , supra, 300 Conn. at 260-61, 14 A.3d 284 .

Even if we were to accept the plaintiff's argument that the declaration, at its inception, required the allocation of garage 14 to unit 14, and unit 14 alone, and that the defendants had breached the declaration by causing or permitting the garage to be severed from that unit, the plaintiff still would have to prove that any duty owed by the defendants to the plaintiff was continuing. As previously noted, the plaintiff relies on the applicable provisions of the Condominium Act and the condominium instruments as the sources of that alleged duty of care.

Section 47-75 (a) provides in relevant part: "Each unit owner, and the association of unit owners, shall comply with this chapter, the condominium instruments, and the rules and regulations adopted pursuant thereto. Failure to so comply shall be ground for an action to recover damages or for injunctive relief, or for any other relief to which the party bringing such action may be entitled. Such action may be brought by the association of unit owners against any unit owner or owners or, in any proper case, by one or more aggrieved unit owners on their own behalf or as a class action...." Article 15 of the declaration contains very similar language to § 47-75. See footnote 17 of this opinion.

Turning to the bylaws, § 4 (b) provides in relevant part: "The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and shall do all such acts or things except as by law or by the Declaration or by these Bylaws may not be delegated to the Board of Directors by the Unit Owners.... The Board of Directors shall have the power to enforce the obligations of the Unit Owners ... and to do anything and everything else necessary and proper for the sound management of the Association." 31 That section also contains a number of illustrative "powers and duties" of the board.

Examining these provisions, none of them defines how the board of directors or association is to execute its power in any enforcement action, or when, if ever, it rightly may choose not to act at all; rather, they merely provide that the defendants "shall have the powers" to enforce the Condominium Act or the condominium instruments. 32 Thus, any duty owed by the association is not an absolute duty to act in all cases. 33 Furthermore, we note that these provisions stand in stark contrast to other provisions of the Condominium Act, 34 the declaration, 35 and the bylaws 36 that affirmatively require certain actions be taken or the manner in which those actions are to be taken. Finally, none of these provisions establishes any requirement that the association redress prior breaches of its duty to enforce the Condominium Act or the condominium instruments.

In support of his claim that the defendants had an ongoing responsibility to remedy a past breach of its duties, the plaintiff also relies on § 10 (g) of the bylaws. 37 That subsection provides: "The violation of any rule or regulation adopted by the Association, or the breach of any Bylaw contained herein, or the breach of any provision of the Declaration, shall give the Association the right, in addition to any other rights set forth in these Bylaws:

"i. [T]o enter the Unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing, or condition that may exist therein contrary to the interest and meaning of the provisions hereof and the Association shall not be there by deemed guilty of trespass; or

"ii. [T]o enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach." This provision, however, like those previously discussed, gives the board "the right" to take action, but does not dictate the manner in which that right is to be exercised or the circumstances under which the board may refrain from acting. The subsection cannot be read to impose an absolute ongoing duty on the defendants to remedy any and all breaches of the Condominium Act or condominium instruments, no matter how minor the breach or how distant in the past the violation occurred.

Even more damaging to the plaintiff's argument, however, is that the basic nature of the continuing course of conduct doctrine counsels strongly against the plaintiff's position that whatever duty that the association might have had was ongoing. "[T]he continuing course of conduct doctrine reflects the policy that, during an ongoing relationship, lawsuits are premature because specific tortious acts or omissions may be difficult to identify and may yet be remedied." (Emphasis added; internal quotation marks omitted.) Flannery v. Singer Asset Finance Co., LLC , supra, 312 Conn. at 312, 94 A.3d 553 . This court has similarly observed that "[t]he doctrine ... is better suited to claims where the situation keeps evolving after the act complained of is complete ... rather than one where the situation cannot change ...." Sanborn v. Greenwald , 39 Conn.App. 289 , 297-98, 664 A.2d 803 (1995).

We also note our Supreme Court's statements in the recent case of Watts v. Chittenden , 301 Conn. 575 , 22 A.3d 1214 (2011). There, "examining the use of the continuing course of conduct doctrine, [our Supreme Court was] mindful of the nature of the doctrine as [then] Chief Judge Richard Posner of the Seventh Circuit Court of Appeals has explained ... [that] [a] violation is called continuing signifying that a plaintiff can reach back to its beginning even if that beginning lies outside the statutory limitations period, when it would be unreasonable to require or even permit him to sue separately over every incident of the defendant's unlawful conduct. The injuries about which the plaintiff is complaining in [these] case[s] are the consequence of a numerous and continuous series of events.... When a single event gives rise to continuing injuries ... the plaintiff can bring a single suit based on an estimation of his total injuries, and that mode of proceeding is much to be preferred to piecemeal litigation despite the possible loss in accuracy. But in [cases in which the continuing course of conduct doctrine is applicable, each incident increases the plaintiff's injury]. Not only would it be unreasonable to require him, as a condition of preserving his right to have [the full limitations period] to sue ... to bring separate suits [during the limitations period] after each [incident giving rise to the claim]; but it would impose an unreasonable burden on the courts to entertain an indefinite number of suits and apportion damages among them." (Internal quotation marks omitted.) Fradianni v. Protective Life Ins. Co. , 145 Conn.App. 90 , 98-99, 73 A.3d 896 , cert. denied, 310 Conn. 934 , 79 A.3d 888 (2013). Rather, the doctrine applies to cases "that involv[e] a continuing course of conduct which over a period of years cause[s] injury. Since usually no single incident in a continuous chain of tortious activity can fairly or realistically be identified as the cause of significant harm, it seems proper to regard the cumulative effect of the conduct as actionable." (Internal quotation marks omitted.) Watts v. Chittenden, supra, at 592, 22 A.3d 1214 , quoting Twyman v. Twyman , 790 S.W.2d 819 , 821 (Tex. App. 1990), rev'd on other grounds, 855 S.W.2d 619 , 620 (Tex. 1993). 38

In the present case, the original wrong, if any, was completed either upon the 1986 purported conveyance of garage 14 separate from the like numbered unit or, at the absolute latest, upon the 1999 transfer of unit 14 to the plaintiff without garage 14. All of the injuries claimed by the plaintiff arise from either, or both, of those acts or occurrences, and the plaintiff has pointed to no separate injuries that have arisen as a result of any ongoing failure by the defendants to enforce his alleged rights under the documents. These circumstances do not present the type of case that merits the application of the continuing course of conduct doctrine.

Additionally, the plaintiff has not produced any evidence that the defendants have breached any ongoing duty to enforce the condominium instruments. In particular, we note that, although the provisions of the Condominium Act and condominium instruments delineate the defendants' powers to address violations, no evidence or law has been presented by the plaintiff in support of his claims that there are genuine issues of material fact or that summary judgment is incorrect as a matter of law, from which we could conclude that the defendants' failure to do so under the facts of this case is an abuse of their discretion. No evidence or law has been presented concerning the circumstances under which the choice not to enforce a provision of the condominium instruments constitutes a breach of the association's duty. Further, we also note that there is evidence that the deed purporting to convey garage 14 separately from unit 14 was executed in 1986 by the developer; see footnotes 23 and 25 of this opinion; and no evidence has been submitted that the garage and unit, if they were originally required by the declaration to be conjoined, ever have been conjoined in the same owner.

In summary, the plaintiff has not raised a genuine issue of material fact in this case that requires or justifies application of the continuous course of conduct doctrine, and we therefore decline the plaintiff's invitation to apply it.

The judgment is affirmed.

In this opinion the other judges concurred.