reglab/housing_qa huggingface dataset:
NH Rev Stat § 356-B:40-b (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:40-b - Removal of Officers and Directors.

    356-B:40-b Removal of Officers and Directors. –||I. Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person or by proxy at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, provided that:||(a) A member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control.||(b) The unit owners may not consider whether to remove a member of the board of directors or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting.||II. At any meeting at which a vote to remove a member of the board of directors or an officer is to be taken, the member or officer being considered for removal shall have a reasonable opportunity to speak before the vote.|||Source. 2015, 131:1, eff. Jan. 1, 2016. 2016, 311:2, eff. Aug. 1, 2016.|
NH Rev Stat § 356-B:40-c (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:40-c - Adoption of Budgets and Special Assessments.

    356-B:40-c Adoption of Budgets and Special Assessments. –||I. The board of directors, at least annually, shall adopt a proposed budget for the unit owners' association for consideration by the unit owners. Not later than 30 days after adoption of a proposed budget, the board of directors shall provide to all the unit owners a summary of the budget, including any reserves, and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the board shall set a date not less than 10 days or more than 60 days after providing the summary for a meeting of the unit owners to consider ratification of the budget. Unless at that meeting 2/3 of all unit owners or any larger number specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed budget is rejected, the budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget.||II. The board of directors, at any time, may propose a special assessment. Except as otherwise provided in paragraph III, the assessment is effective only if the board of directors follows the procedures for ratification of a budget described in paragraph I and the unit owners do not reject the proposed assessment.||III. If the board of directors determines by a 2/3 vote that a special assessment is necessary to respond to an emergency:||(a) The special assessment becomes effective immediately in accordance with the terms of the vote.||(b) Notice of the special assessment shall be provided promptly to all unit owners.||(c) The board of directors may spend the funds paid on account of the special assessment only for the purposes described in the vote.||IV. For the purposes of this section, an "emergency" means a situation that requires immediate action by the board of directors where a danger to the structural integrity of the common areas is discovered or to the life and safety of property unit owners or as required by a court order or to respond to any legal or administrative proceeding brought against the association that could not have been reasonably foreseen by the board in preparing and distributing the annual operating budget.|||Source. 2016, 311:2, eff. Aug. 1, 2016. 2018, 186:1, eff. Aug. 7, 2018.|
NH Rev Stat § 356-B:41 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:41 - Upkeep of the Condominium; Warranty Against Structural Defects.

    356-B:41 Upkeep of the Condominium;  Warranty Against Structural Defects. –||I. Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement of the condominium shall belong (a) to the unit owners' association in the case of the common areas, and (b) to the individual unit owner in the case of any unit or any part thereof.||I-a. No unit owners' association, its agents, or its employees shall willfully enter into the unit of a unit owner without providing prior notice to the owner, other than for emergency purposes.||I-b. No unit owner, tenant, or other person occupying a condominium unit shall willfully refuse the unit owners' association, its agents, or its employees access through a condominium unit as is necessary to enable them to exercise and discharge their respective powers and responsibilities at a reasonable time after notice which is adequate under the circumstances. But to the extent that damage is inflicted on the common areas or any unit through which access is taken, the unit owner causing the same, or the unit owners' association if it caused the same, shall be liable for the prompt repair thereof.||II. Notwithstanding anything in this section to the contrary, the declarant shall warrant or guarantee, against structural defects, each of the units for one year from the date each is conveyed, and all of the common areas for one year. The one year referred to in the preceding sentence shall begin as to each of the common areas whenever the same has been completed or if later, (a) as to any common area within any additional land or portion thereof, at the time the first unit therein is conveyed, (b) as to any common area within any convertible land or portion thereof, at the time the first unit therein is conveyed, and (c) as to any common area within any other portion of the condominium at the time the first unit therein is conveyed. For the purposes of this paragraph, no unit shall be deemed conveyed unless conveyed to a bona fide purchaser. For the purposes of this paragraph, structural defects shall be those defects in components constituting any unit or common area which reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and which require repair, renovation, restoration, or replacement. Nothing in this paragraph shall be construed to make the declarant responsible for any items of maintenance relating to the units or common areas.|||Source. 1977, 468:1. 2006, 56:1, eff. June 23, 2006.|
NH Rev Stat § 356-B:42 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:42 - Control of the Common Areas.

    356-B:42 Control of the Common Areas. –||I. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the unit owners' association shall have the power to:||(a) Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the said association arising under RSA 356-B:41;||(b) Make or cause to be made additional improvements on and as a part of the common areas;||(c) Grant or withhold approval of any action by one or more unit owners or other persons entitled to the occupancy of any unit which would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers, to grant or withhold such approval; and||(d) Acquire, hold, convey and encumber title to real property, including but not limited to condominium units, whether or not the association is incorporated.||II. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the board of directors of the unit owners' association, if any, and if not, then the unit owners' association itself, shall have the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title to grant easements through the common areas and accept easements benefiting the condominium or any portion thereof.||III. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners' association or its board of directors.|||Source. 1977, 468:1, eff. Sept. 10, 1977.|
NH Rev Stat § 356-B:43 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:43 - Insurance.

    356-B:43 Insurance. –||I. The condominium instruments, including those for small condominiums, shall require the unit owners' association, or the board of directors or managing agent on behalf of such association, to obtain:||(a) A master casualty policy affording fire and extended coverage in an amount equal to the full replacement value of the structures within the condominium, or of such structures that in whole or in part comprise portions of the common areas. Any unit owner's association that does not obtain such a master casualty policy covering common areas shall result in each unit owner equally sharing in the replacement cost to repair common areas to the extent that damage would have been covered by a policy providing fire and extended coverage. When such damage is only within one or a few limited common areas, only the unit owners in each area must share in the replacement cost;||(b) A master liability policy, in an amount specified by the condominium instruments, covering the unit owners' association, the board of directors, if any, the managing agent, if any, all persons acting or who may come to act as agents or employees of any of the foregoing with respect to the condominium, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium; and||(c) Such other policies as may be required by the condominium instruments, including, without limitation, workers' compensation insurance, liability insurance on motor vehicles owned by the association, and specialized policies covering lands or improvements in which the unit owners' association has or shares ownership or other rights.||II. When any policy of insurance has been obtained by or on behalf of the unit owners' association, written notice of the obtainment thereof and of any subsequent changes therein or termination thereof shall be promptly furnished to each unit owner by the officer required to send notices of meetings of the unit owners' association. Such notices shall be sent in accordance with RSA 356-B:37-a.||III. Unless the unit owners vote to terminate the condominium under RSA 356-B:34, the proceeds of the master casualty policy shall be used to repair, replace or restore the structure or common area damaged by casualty.|||Source. 1977, 468:1, eff. Sept. 10, 1977. 2016, 311:3, eff. Aug. 1, 2016. 2020, 3:6, eff. Apr. 10, 2020.|
NH Rev Stat § 356-B:44 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:44 - Rights to Common Profits.

    356-B:44 Rights to Common Profits. –||The common profits shall be applied to the payment of common expenses, and rights in any surplus remaining shall accrue to the condominium units in proportion to the number of votes in the unit owners' association appertaining to each such unit. Any such surplus shall be distributed accordingly to the unit owners, except to such extent as the condominium instruments may require the same to be added to reserves maintained pursuant to those instruments.|||Source. 1977, 468:1, eff. Sept. 10, 1977.|
NH Rev Stat § 356-B:45 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:45 - Liabilities for Common Expenses.

    356-B:45 Liabilities for Common Expenses. –||I. Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common area shall be specially assessed against the condominium unit to which that limited common area was assigned at the time such expenses were made or incurred. This provision shall also apply to the expansion or creation of limited common areas pursuant to RSA 356-B:19, III. If the limited common area involved was assigned at that time to more than one condominium unit, however, such expenses shall be specially assessed against each such condominium unit equally so that the total of such special assessments equals the total of such expenses, except to the extent that the condominium instruments provide otherwise.||II. To the extent that the condominium instruments expressly so provide, any other common expenses benefiting less than all of the condominium units, or caused by the conduct of less than all those entitled to occupy the same or by their licensees or invitees, shall be specially assessed against the condominium unit or units involved, in accordance with such reasonable provisions as the condominium instruments may make for such cases.||III. The amount of all common expenses not specially assessed pursuant to paragraphs I and II, less the amount of all common profits, shall be assessed against the condominium units in proportion to the number of votes in the unit owners' association appertaining to each such unit. Such assessments shall be made by the unit owners' association annually, or more often if the condominium instruments so provide. No change in the number of votes in the unit owners' association appertaining to any condominium unit shall enlarge, diminish, or otherwise affect any liabilities arising from assessments made prior to such change.|||Source. 1977, 468:1. 2001, 68:2, eff. Aug. 18, 2001.|
NH Rev Stat § 356-B:47 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:47 - Restraints on Alienation.

    356-B:47 Restraints on Alienation. –||If the condominium instruments create any rights of first refusal or other restraints on free alienability of the condominium units, such rights and restraints shall be void unless the condominium instruments make provision for promptly furnishing to any unit owner or purchaser requesting the same a recordable statement certifying to any waiver of, or failure or refusal to exercise, such rights and restraints, in all cases where such waiver, failure, or refusal does in fact occur. Failure or refusal to furnish promptly such a statement in such circumstances in accordance with the provisions of the condominium instruments shall make all such rights and restraints inapplicable to any disposition of a condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association of unit owners, the board of directors, and every unit owner. Payment of a fee not exceeding $25 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.|||Source. 1977, 468:1, eff. Sept. 10, 1977.|
NH Rev Stat § 356-B:47-a (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:47-a - Flag Display.

    356-B:47-a Flag Display. –||Pursuant to the Freedom to Display the American Flag Act of 2005, Public Law 109-243, and notwithstanding any provision in the condominium instruments to the contrary, the unit owners' association shall not prohibit the outdoor display of the United States flag in a manner consistent with the United States flag code and RSA 3-E. The association may adopt reasonable rules regarding the size of the flag and the manner in which the flag is displayed. When a flag is flown from the unit owner's balcony or deck, from a bracket, the flag may extend over the vertical line of the unit owner's outboard deck line, which would put the flag into the common area, versus the unit owner's private space.|||Source. 2011, 127:2, eff. June 6, 2011.|
NH Rev Stat § 356-B:48 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:48 - Administration; Enforcement.

    356-B:48 Administration;  Enforcement. –||The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice, established in RSA 21-M:9.|||Source. 1977, 468:1. 1979, 171:1. 1985, 300:17.|
NH Rev Stat § 356-B:49 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:49 - Exemptions.

    356-B:49 Exemptions. –||I. Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this subdivision do not apply to offers or dispositions of any interest in a condominium unit:||(a) If not more than 10 units are included in the condominium; provided, however, this exemption shall not apply to a condominium involving time sharing interests;||(b) If all of the units are restricted to commercial, industrial or other nonresidential use;||(c) Pursuant to court order; and||(d) By any government or government agency.||II. Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of RSA 356-B:50-55; 56, I; 56, III, and 58 do not apply to offers by the declarant in connection with efforts to obtain nonbinding reservation agreements; provided, however, that any such declarant shall first have notified the attorney general in writing of its intention to conduct such efforts.||III. The attorney general may from time to time, in accordance with rules adopted by him pursuant to RSA 541-A, exempt from any one or more of the provisions of this chapter any condominium if he finds that the enforcement of this chapter with respect to such project is not necessary in the public interest and for the protection of purchasers by reason of the small amount involved or the limited character of the offering, or because such condominium has been registered and approved pursuant to the laws of any other state. Applications for exemption shall be filed in a form prescribed by the attorney general and shall be accompanied by an application fee of $200.|||Source. 1977, 468:1. 1979, 289:2. 1983, 469:81. 1985, 300:7, I(b).|
NH Rev Stat § 356-B:53 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:53 - Inquiry and Investigation.

    356-B:53 Inquiry and Investigation. –||I. Upon receipt of an application for registration in proper form, the attorney general shall forthwith initiate an investigation to determine:||(a) That the declarant can or can reasonably be expected to be able to convey or cause to be conveyed the interests in the units offered for disposition if the purchaser complies with the terms of the offer and when appropriate, the release clauses, conveyances in trust or other safeguards have been provided;||(b) That there is reasonable assurance that all uncompleted improvements and amenities will be completed as represented. Reasonable assurance includes, but is not limited to, institutional financing in the form of a revolving line of credit in an amount equal to one-fourth of the total cost of constructing the units being registered, so long as (i) the loan documents provide (a) that funds may be re-advanced during the term of the loan to construct the units, and (b) that the institutional lender shall notify the attorney general in the event that the revolving line of credit is cancelled and (ii) in addition to the funds allocated to unit construction, the applicant shall provide evidence of adequate funds to complete any infrastructure, such as roads and utilities, necessary to service the units being registered. This subparagraph shall not prohibit the attorney general from finding other forms of financing to provide reasonable assurance. If the attorney general determines that a revolving line of credit has been cancelled, or is no longer adequate to pay for the cost of constructing the units that have been registered, the attorney general may issue a temporary cease and desist order pursuant to RSA 356-B:61;||(c) That the promotional plan is not false or misleading and complies with the standards prescribed by the attorney general in his rules and affords full and fair disclosure;||(d) Whether the declarant has not, or, if a corporation, its officers, and principals have not, been convicted of a crime involving condominium unit dispositions or any aspect of the land sales business or any other felony in this state, the United States, or any other state or foreign country within the past 10 years and has not been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; and||(e) That the public offering statement requirements of this chapter have been satisfied.||II. All reasonable expenses incurred by the attorney general in carrying out the examination required by paragraph I shall be paid by the declarant, and no order registering the condominium shall be entered until such expenses have been fully paid.|||Source. 1977, 468:1. 1985, 300:7, I(b). 2015, 256:2, eff. Jan. 1, 2016.|
NH Rev Stat § 356-B:55 (2021)
2021 New Hampshire Revised Statutes|Title XXXI - Trade and Commerce|Title 356-B - Condominium Act|Section 356-B:55 - Annual Report by Declarant.

    356-B:55 Annual Report by Declarant. –||On April 1 of each year following the registration of the condominium, the declarant shall, until such time as all of the improvements in the condominium have been completed and all of the units have been disposed of by the declarant, file a report in the form prescribed by the attorney general. The report shall reflect any material changes in information contained in the original application for registration, including but not limited to any change in the ownership of interests in the corporation or organization as required by RSA 356-B:51, I(f), (g) and (h).|||Source. 1977, 468:1. 1985, 300:7, I(b).|