reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:12 - Construction of Condominium Instruments.

356-B:12 Construction of Condominium Instruments. –
Except to the extent otherwise provided by the condominium instruments:
I. The terms defined in RSA 356-B:3 shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires.
II. To the extent that walls, floors, and/or ceilings are designated as the boundaries of the units or of any particular units without further specification, all doors and windows therein, and all lath, wallboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors, and/or ceilings shall be deemed a part of the common area.
III. If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lie partially within and partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed a part of that unit, while any portions thereof serving more than one unit or any portion of the common area shall be deemed a part of the common area.
IV. Subject to the provisions of paragraph III of this section, all space, interior partitions, and other fixtures and improvements within the boundaries of a unit shall be deemed a part of that unit.
V. Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, and any other apparatus designed to serve a single unit, but located outside the boundaries thereof, shall be deemed a limited common area appertaining to that unit exclusively.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:13 - Complementarity of Condominium Instruments.

356-B:13 Complementarity of Condominium Instruments. –
The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this chapter as to the content of one shall be deemed satisfied if the deficiency can be cured by reference to any of the others. In the event of any conflict between the condominium instruments, the declaration shall control; but particular provisions shall control more general provisions, except that a construction conformable with the statute shall in all cases control over any construction inconsistent therewith.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:14 - Validity of Condominium Instruments.

356-B:14 Validity of Condominium Instruments. –
I. All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be voided.
II. No provision of the condominium instruments shall be deemed void by reason of the rule against perpetuities.
III. No restraint on alienation shall discriminate or be used to discriminate against any person in violation of RSA 354-A.
IV. Subject to the provisions of paragraph III of this section, the rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments restraining the alienation of condominium units.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:15 - Compliance With Condominium Instruments.

356-B:15 Compliance With Condominium Instruments. –
I. The declarant, the board of directors, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments. Any lack of such compliance shall be grounds for an action or suit to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the unit owners' association, or by its board of directors or any managing agent on behalf of such association, or, in any proper case, by one or more aggrieved unit owners on their own behalf or as a class action.
II. The prevailing party shall be entitled to all costs and attorneys' fees incurred in any proceeding under RSA 356-B:15, I.
Source.
1977, 468:1. 1997, 228:2, eff. Jan. 1, 1998. 2014, 224:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:17 - Allocation of Interests in the Common Areas.

356-B:17 Allocation of Interests in the Common Areas. –
I. The declaration may allocate to each unit depicted on site plans and floor plans that comply with RSA 356-B:20, I and II an undivided interest in the common areas proportionate to either the size or value of each unit.
II. Otherwise, the declaration shall allocate to each such unit an equal undivided interest in the common areas subject to the following exception: each convertible space so depicted shall be allocated an undivided interest in the common areas proportionate to the size of each such space, vis-a-vis the aggregate size of all units so depicted, while the remaining undivided interests in the common areas shall be allocated equally to the other units so depicted.
III. The undivided interests in the common areas allocated in accordance with paragraph I or II shall add up to one if stated as fractions or 100 percentum if stated as percentages.
IV. If, in accordance with paragraph I or II, an equal undivided interest in the common areas is allocated to each unit, the declaration may simply state that fact and need not express the fraction or percentage so allocated.
V. Otherwise, the undivided interest allocated to each unit in accordance with paragraph I or II shall be reflected by a table in the declaration, or by an exhibit or schedule accompanying the declaration and recorded simultaneously therewith, containing 3 columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective areas or values of those units and the fraction or percentage of undivided interest in the common areas allocated thereto.
VI. Except to the extent otherwise expressly provided by this chapter, the amount of undivided interest in the common areas allocated to any unit shall not be altered, and any purported transfer, encumbrance or other disposition of that interest without the unit to which it appertains shall be void.
VII. The common areas shall not be subject to any suit for partition until and unless the condominium is terminated.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:18 - Reallocation of Interests in the Common Areas.

356-B:18 Reallocation of Interests in the Common Areas. –
I. If a condominium contains any convertible land or is an expandable condominium, then the declaration shall not allocate undivided interests in the common areas on the basis of value unless the declaration:
(a) Prohibits the creation of any units not substantially identical to the units depicted on the site plans and floor plans recorded pursuant to RSA 356-B:20, I and II; or
(b) Prohibits the creation of any units not described pursuant to RSA 356-B:16, II(f) (in the case of convertible lands) and RSA 356-B:16, III(l) (in the case of additional land), and contains from the outset a statement of the value that shall be assigned to every such unit that may be created.
II. Interests in the common areas shall not be allocated to any units to be created within any convertible land or within any additional land until site plans and floor plans depicting the same are recorded pursuant to RSA 356-B:20, III. But simultaneously with the recording of such site plans and floor plans the declarant shall execute and record an amendment to the declaration reallocating undivided interests in the common areas so that the units depicted on such site plans and floor plans shall be allocated undivided interests in the common areas on the same basis as the units depicted on the site plans and floor plans recorded simultaneously with the declaration pursuant to RSA 356-B:20, I and II.
III. If all of a convertible space is converted into common areas, including without limitation limited common areas, then the undivided interest in the common areas appertaining to such space shall thenceforth appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common areas. The principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, shall forthwith prepare, execute, and record an amendment to the declaration reflecting the reallocation of undivided interests produced thereby.
IV. In the case of a leasehold condominium, if the expiration or termination of any lease causes a contraction of the condominium which reduces the number of units, then the undivided interest in the common areas appertaining to any units thereby withdrawn from the condominium shall thenceforth appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common areas. The principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, shall forthwith prepare, execute, and record an amendment to the declaration reflecting the reallocation of undivided interests produced thereby.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:19 - Assignments of Limited Common Areas.

356-B:19 Assignments of Limited Common Areas. –
I. All assignments and reassignments of limited common areas shall be reflected by the condominium instruments. No limited common area shall be assigned or reassigned except in accordance with this chapter. No amendment to any condominium instrument shall alter any rights or obligations with respect to any limited common area without the consent of all unit owners adversely affected thereby as evidenced by their execution of such amendment, except to the extent that the condominium instruments expressly provided otherwise prior to the first assignment of that limited common area.
II. Unless expressly prohibited by the condominium instruments, a limited common area may be reassigned upon written application of the unit owners concerned to the principal officer of the unit owners' association, or to such other officer or officers as the condominium instruments may specify. The officer or officers to whom such application is duly made shall forthwith prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common area involved. Such amendment shall be delivered forthwith to the unit owners of the units concerned upon payment by them of all reasonable costs for the preparation and acknowledgment thereof. Said amendment shall become effective when the unit owners of the units concerned have executed and recorded it.
III. A common area not previously assigned as a limited common area shall be so assigned only pursuant to RSA 356-B:16, I(f), except that limited common areas may be created or expanded pursuant to an amendment to the condominium instruments consented to by
2/3 of the votes in the unit owners association, or such higher percentage as the condominium instruments may provide, and then thereafter assigned as therein provided. The amendment to the declaration making such an assignment shall be prepared and executed by the principal officer of the unit owners' association, or by such other officer or officers as the condominium instruments may specify. Such amendment shall be delivered to the unit owner or owners of the unit or units concerned upon payment by them of all reasonable costs for the preparation and acknowledgment thereof. Said amendment shall become effective when the aforesaid unit owner or owners have executed and recorded it, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to RSA 356-B:16, I(f) was adhered to. The creation or expansion of limited common areas pursuant to this paragraph shall not alter the amount of undivided interest in the common areas allocated to any unit.
Source.
1977, 468:1. 2001, 68:1, eff. Aug. 18, 2001.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:21 - Preliminary Recordation of Floor Plans.

356-B:21 Preliminary Recordation of Floor Plans. –
Floor plans previously recorded pursuant to the provisions set forth in RSA 356-B:16, II and III may be used in lieu of new floor plans to satisfy in whole or in part the requirements of RSA 356-B:18, II, RSA 356-B:23, II and/or RSA 356-B:25 if certifications thereof are recorded by the declarant in accordance with RSA 356-B:20, II; and if such certifications are so recorded, the floor plans which they certify shall be deemed recorded pursuant to RSA 356-B:20, III, within the meaning of RSA 356-B:18, II, RSA 356-B:23, II and/or RSA 356-B:25.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:22 - Easement for Encroachments.

356-B:22 Easement for Encroachments. –
To the extent that any unit or common area encroaches on any other unit or common area, whether by reason of any deviation from the site plans and floor plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reason of the settling or shifting of any land or improvement, a valid easement for such encroachment shall exist. The purpose of this section is to protect the unit owners, except in cases of willful and intentional misconduct by them or their agents or employees, and not to relieve the declarant or any contractor, subcontractor, or materialman of any liability which any of them may have by reason of any failure to adhere strictly to the site plans and floor plans.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:23 - Conversion of Convertible Lands.

356-B:23 Conversion of Convertible Lands. –
I. The declarant may convert all or any portion of any convertible land into one or more units or limited common areas, or both, subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to paragraph II and RSA 356-B:20, III.
II. Simultaneously with the recording of site plans and floor plans pursuant to RSA 356-B:20, III, the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common areas in accordance with RSA 356-B:18, II. Such amendment shall describe or delineate the limited common areas formed out of the convertible land, showing or designating the unit or units to which each is assigned.
III. All convertible lands shall be deemed a part of the common areas except for such portions thereof as are converted in accordance with the provisions of this section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, real estate taxes shall be assessed against the declarant rather than the unit owners as to both the convertible land and any improvements thereon. No such conversion shall occur after 5 years from the recordation of the declaration, or such shorter period of time period as the declaration may specify, provided, however, that the time limit contained in the declaration may be extended by not more than 5 years by an amendment to the declaration adopted pursuant to RSA 356-B:54, V.
Source.
1977, 468:1. 1991, 110:4, eff. May 13, 1991.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:24 - Conversion of Convertible Spaces.

356-B:24 Conversion of Convertible Spaces. –
I. The declarant may convert all or any portion of any convertible space into one or more units or common areas, or both, including, without limitation, limited common areas, subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to paragraph II and RSA 356-B:20, IV.
II. Simultaneously with the recording of site plans and floor plans pursuant to RSA 356-B:20, IV, the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate to each unit a portion of the undivided interest in the common areas appertaining to that space. Such amendment shall describe or delineate the limited common areas formed out of the convertible space, showing or designating the unit or units to which each is assigned.
III. If all or any portion of any convertible space is converted into one or more units in accordance with this section, the declarant shall prepare and execute, and record simultaneously with the amendment to the declaration, an amendment to the bylaws. The amendment to the bylaws shall reallocate votes in the unit owners' association, rights to future common profits, and liabilities for future common expenses not specially assessed, all as in the case of the subdivision of a unit in accordance with RSA 356-B:32, IV.
IV. Any convertible space not converted in accordance with the provisions of this section, or any portion or portions thereof not so converted, shall be treated for all purposes as a single unit until and unless it is so converted, and the provisions of this chapter shall be deemed applicable to any such space, or portion or portions thereof, as though the same were a unit.
V. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, real estate taxes relative to convertible space shall be assessed against the declarant rather than the unit owners when such space is utilized only for the benefit of the declarant. No such conversion shall occur after 5 years from the recordation of the declaration, or such shorter period of time period as the declaration may specify, provided, however, that the time limit contained in the declaration may be extended by not more than 5 years by an amendment to the declaration adopted pursuant to RSA 356-B:54, V.
Source.
1977, 468:1, eff. Sept. 10, 1977. 2018, 192:2, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:25 - Expansion of the Condominium.

356-B:25 Expansion of the Condominium. –
No condominium shall be expanded except in accordance with the provisions of the declaration and of this chapter. Any such expansion shall be deemed to have occurred at the time of the recordation of site plans and floor plans pursuant to RSA 356-B:20, III, together with an amendment to the declaration, duly executed by the declarant, including, without limitation, all of the owners and lessees of the additional land added to the condominium. Such amendment shall contain a legal description by metes and bounds of the land added to the condominium, and shall reallocate undivided interests in the common areas in accordance with RSA 356-B:18, II. A merger of 2 condominiums the land of which abuts and which is merged by consent of all existing unit owners shall not be considered an "expansion".
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:26 - Contraction of the Condominium.

356-B:26 Contraction of the Condominium. –
No condominium shall be contracted except in accordance with the provisions of the declaration and of this chapter. Any such contraction shall be deemed to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a legal description by metes and bounds of the land withdrawn from the condominium. If portions of the withdrawable land were described pursuant to RSA 356-B:16, IV(e), then no such portion shall be so withdrawn after the conveyance of any unit on such portion. If no such portions were described, then none of the withdrawable land shall be withdrawn after the first conveyance of any unit thereon.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:27 - Easement to Facilitate Conversion and Expansion.

356-B:27 Easement to Facilitate Conversion and Expansion. –
Subject to any restrictions and limitations the condominium instruments may specify, the declarant shall have a transferable easement over and on the common areas for the purpose of making improvements on the submitted land and any additional land pursuant to the provisions of those instruments and of this chapter, and for the purpose of doing all things reasonably necessary and proper in connection therewith.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:28 - Easement to Facilitate Sales.

356-B:28 Easement to Facilitate Sales. –
The declarant and his duly authorized agents, representatives, and employees may maintain sales offices or model units, or both, on the submitted land if and only if the condominium instruments provide for the same and specify the rights of the declarant with regard to the number, size, location and relocation thereof. Any such sales office or model unit which is not designated a unit by the condominium instruments shall become a common area as soon as the declarant ceases to be a unit owner, and the declarant shall cease to have any rights with regard thereto unless such sales office or model unit is removed forthwith from the submitted land in accordance with a right reserved in the condominium instruments to make such removal.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:29 - Declarant's Obligation to Complete and Restore.

356-B:29 Declarant's Obligation to Complete and Restore. –
I. No covenants, restrictions, limitations, or other representations or commitments in the condominium instruments with regard to anything that is or is not to be done on the additional land, the withdrawable land, or any portion of either, shall be binding as to any portion of either lawfully withdrawn from the condominium or never added thereto except to the extent that the condominium instruments so provide. But in the case of any covenant, restriction, limitation, or other representation or commitment in the condominium instruments or in any other agreement requiring the declarant to add all or any portion of the additional land or to withdraw any portion of the withdrawable land, or imposing any obligations with regard to anything that is or is not to be done thereon or with regard thereto, or imposing any obligations with regard to anything that is or is not to be done on or with regard to the condominium or any portion thereof, this paragraph shall not be construed to nullify, limit, or otherwise affect any such obligation.
II. The declarant shall complete all improvements labeled "(NOT YET COMPLETED)" on site plans recorded pursuant to the requirements of this chapter unless the condominium instruments expressly exempt the declarant from such obligation, and shall, in the case of every improvement labeled "(NOT YET BEGUN)" on such site plans, state in the declaration either the extent of the obligation to complete the same or that there is no such obligation.
III. To the extent that damage is inflicted on any part of the condominium by any person or persons utilizing the easements reserved by the condominium instruments or created by RSA 356-B:27 and 28, the declarant together with the person or persons causing the same shall be jointly and severally liable for the prompt repair thereof and for the restoration of the same to a condition compatible with the remainder of the condominium.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:30 - Alterations Within Units.

356-B:30 Alterations Within Units. –
I. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, any unit owner may make any improvements or alterations within his unit that do not impair the structural integrity of any structure or otherwise lessen the support of any portion of the condominium. But no unit owner shall do anything which would change the exterior appearance of his unit or of any other portion of the condominium except to such extent and subject to such conditions as the condominium instruments may specify.
II. If a unit owner acquires an adjoining unit, or an adjoining part of an adjoining unit, then such unit owner shall have the right to remove all or any part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that such partition may in whole or in part be a common area, so long as no portion of any bearing wall or bearing column is weakened or removed and no portion of any common area other than that partition is damaged, destroyed, or endangered. Such creation of doorways or other apertures shall not be deemed an alteration of boundaries within the meaning of RSA 356-B:31.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:33 - Termination of Condominium or Amendment of Instruments Before Conveyance of Unit.

356-B:33 Termination of Condominium or Amendment of Instruments Before Conveyance of Unit. –
If there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium or amend the condominium instruments, and any such termination or amendment shall become effective upon the recordation thereof if the same has been executed by the declarant. But this section shall not be construed to nullify, limit, or otherwise affect the validity or enforceability of any agreement renouncing or to renounce, in whole or in part, the right hereby conferred.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:36 - Control by the Declarant.

356-B:36 Control by the Declarant. –
I. The condominium instruments may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the declarant, to appoint and remove some or all of the officers of the unit owners' association or its board of directors, or both, or to exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter to the unit owners' association, the officers, or the board of directors. But no amendment to the condominium instruments shall increase the scope of such authorization if there is any unit owner other than the declarant, and no such authorization shall be valid after the time limit set by the condominium instruments or after units to which
3/4 of the undivided interests in the common areas appertain have been conveyed, whichever occurs first. The time limit initially set by the condominium instruments shall not exceed 5 years in the case of an expandable condominium, 3 years in the case of a condominium containing any convertible land, or 2 years in the case of any other condominium.
II. If entered into during the period of control contemplated by paragraph I, no management contract, lease of recreational areas or facilities, or any other contract or lease executed by or on behalf of the unit owners' association, its board of directors, or the unit owners as a group, shall be binding after such period of control unless then renewed or ratified with the consent of unit owners of units to which a majority of the votes in the unit owners' association appertain.
III. If the unit owners' association is not in existence or does not have officers at the time of the creation of the condominium, the declarant shall, until there is such an association with such officers, have the power and the responsibility to act in all instances where this chapter requires action by the unit owners' association, its board of directors, or any officer or officers.
IV. This section shall be strictly construed to protect the rights of the unit owners.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:37-a - Notice to Unit Owners.

356-B:37-a Notice to Unit Owners. –
An association shall deliver any notice required to be given by the association under this chapter to any mailing or electronic mail address a unit owner designates. If the unit owner does not designate an address, the association shall deliver notices by hand delivery, United States mail postage paid, or commercially reasonable delivery service to the mailing address of each unit.
Source.
2016, 311:2, eff. Aug. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:37-b - Meetings by Telephonic, Video, or Other Conferencing Process.

356-B:37-b Meetings by Telephonic, Video, or Other Conferencing Process. –
When the declaration or bylaws provides, the association, committees thereof, and the board of directors may meet by telephonic, video, or other conferencing process, provided that the requirements of RSA 356-B:37-c are also met.
Source.
2016, 311:2, eff. Aug. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:37-c - Meetings of the Board of Directors and Committees of the Association.

356-B:37-c Meetings of the Board of Directors and Committees of the Association. –
The following requirements apply to meetings of the board of directors and committees of the association authorized to act for the association:
I. For purposes of this section, a gathering of board members at which the board members do not conduct association business is not a meeting of the board of directors. The board of directors and its members may not use incidental or social gatherings of board members or any other method to evade the open meeting requirements of this section.
II. Not less than once each quarter, and at such additional times as may be specified in the condominium bylaws, the board of directors shall, subject to the provisions of RSA 356-B:37-d, hold an open regular meeting during which unit owners shall be afforded a reasonable opportunity to comment on any matter affecting the association. At its discretion, the board of directors may meet in a meeting not open to unit owners provided the meeting is recorded and the recording is made available to unit owners for up to 30 days upon request.
III. Unless the meeting is included in a schedule given to the unit owners or the meeting is called to deal with an emergency, the secretary or other officer specified in the bylaws shall give notice of each meeting of the board of directors to each board member and to the unit owners. The notice shall be given at least 10 days before the meeting and shall state the time, date, place, and agenda of the meeting.
IV. If any materials are distributed to the board of directors before the meeting, the board of directors at the same time shall make copies of those materials reasonably available to unit owners, except that the board of directors need not make available copies of unapproved minutes or matters that are to be considered in executive session.
V. In the case of self-managed community associations, meetings of the board of directors or committees expressly for purposes of implementation of decisions made in open meetings shall be exempt from the requirements of RSA 356-B:37, 356-B:37-a, and this section.
VI. This section shall not apply to small condominiums governed by RSA 356-B:37, VII.
Source.
2016, 311:2, eff. Aug. 1, 2016. 2020, 3:3, eff. Apr. 10, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:37-d - Executive Session.

356-B:37-d Executive Session. –
Except in small condominiums governed by RSA 356-B:37, VII, the board of directors and association committees may hold an executive session only during a regular or special meeting of the board or a committee. No final vote or action may be taken during an executive session. An executive session may be held only to:
I. Consult with the association's attorney.
II. Discuss existing or potential litigation or mediation, arbitration, or administrative proceedings.
III. Discuss labor or personnel matters.
IV. Discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage or prevent public knowledge of the matter to be discussed if the board of directors or a committee determines that public knowledge would violate the privacy of any person.
Source.
2016, 311:2, eff. Aug. 1, 2016. 2020, 3:4, eff. Apr. 10, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:37-e - Disclosure of Financial Information and Meeting Minutes to Unit Owners.

356-B:37-e Disclosure of Financial Information and Meeting Minutes to Unit Owners. –
I. Financial information shall be presented on a profit and loss statement and shall be available to the unit owners 30 days prior to the annual meeting. The format of the profit and loss statement shall remain constant from year to year. It shall include specification of all revenues received in the budget year less future revenue liabilities, and specification of all expenses by general type. When the annual meeting is held before the end of the fiscal year, year-to-date spending shall be provided in each category, and a final year-end accounting shall be sent to each unit owner within 90 days of the close of the fiscal year.
II. Each unit owner shall have access to all financial information within 15 days of the unit owner's request regarding any contracts, mortgages, loans, and the terms of such loans, and any outstanding debts and balances of all accounts held by the association. The individual accounts of unit owners shall not be included unless a lien for nonpayment of assessments or fees has been recorded, in which case, the account shall be disclosed pursuant to a request for financial information under this section.
III. Each unit owner shall have access to the names of all employees of the association and the salaries paid to employees with association funds, including any third party arrangements for services, except at time sharing condominiums where employees' salaries shall be confidential unless disclosure is consented to by the association board of directors and the condominium manager, if there is a manager. If an employee is related to a board member, or is a former officer of the association, the board shall disclose this fact to the unit owners at the next regular or annual meeting.
IV. A fee may be charged to unit owners for provision of information requested beyond the last 3 fiscal years.
V. The board of directors shall make copies of the minutes of all meetings available to the unit owners within 60 days of the meeting or 15 days of the date such minutes are approved by the board, whichever occurs first. The association may opt to provide the minutes electronically or publish them on the association website, in which case the owners shall be informed of the website address. A unit owner who submits a written request for access to the association's website shall be granted access within 15 days of the request, at no additional charge to the owner.
VI. The board of directors may approve the minutes through the use of electronic means such as email, video conferencing, fax machine, or PDF files transmitted over the Internet.
Source.
2017, 141:1, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:38 - Quorums.

356-B:38 Quorums. –
I. Unless the condominium instruments otherwise provide, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if persons entitled to cast more than 33
1/3 percent of the votes are present at the beginning of such meeting. The bylaws may provide for a smaller percentage, not less than 25 percent, or for a larger percentage for associations having fewer than 25 units; provided, however, this paragraph shall not apply if the condominium is comprised of time sharing interests.
II. Unless the condominium instruments specify a larger majority, a quorum shall be deemed to be present throughout any meeting of the board of directors if persons entitled to cast more than
1/2 of the votes in that body are present at the beginning of such meeting.
III. If a quorum is not met for an annual meeting, the board shall reschedule the meeting within 60 days and provide proper notice and proxies.
IV. In the case of small condominiums, unless the condominium instruments otherwise provide, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if 3 persons, or persons entitled to cast more than 33 percent of the votes, whichever is greater, are present at the beginning of such meeting. This paragraph shall not apply if the condominium is comprised of time sharing interests. If a quorum is not met for an annual meeting, the board shall reschedule the meeting within 60 days and provide proper notice and proxies.
Source.
1977, 468:1, eff. Sept. 10, 1977. 2016, 311:2, eff. Aug. 1, 2016. 2020, 3:5, eff. Apr. 10, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:39-a - Voting Without a Meeting.

356-B:39-a Voting Without a Meeting. –
Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply:
I. The association shall notify the unit owners, in the manner prescribed by RSA 356-B:37-a, that the vote will be taken by ballot and deliver a paper or electronic ballot to every unit owner entitled to vote on the matter.
II. The ballot shall:
(a) Set forth each proposed action and provide an opportunity to vote for or against the action.
(b) Indicate the number of responses needed to meet the quorum requirements.
(c) State the percent of votes necessary to approve each matter other than election of directors.
(d) Specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than 10 days after the date the association delivers the ballot.
(e) Describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
III. Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability or attempted revocation by the person that cast that vote.
IV. Approval by ballot pursuant to this section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
V. All ballots cast in an association vote under this section shall be counted using a tally sheet for the vote. If more than one ballot item was voted on, the board may elect to keep a corresponding tally sheet for each ballot item. The ballots and tally sheets shall be made available for examination and recount, by request of any owner participating in the vote, immediately following announcement of the results of the vote taken. During any examination and recount one or more members of the board of directors and at least one additional owner shall be present. The ballots shall be examined and tallied to verify that the count and announced result was correct.
Source.
2016, 311:2, eff. Aug. 1, 2016. 2018, 187:1, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:40-a - Managing Agent and Contractors; Disclosure of Fees; Qualifications.

356-B:40-a Managing Agent and Contractors;  Disclosure of Fees;  Qualifications. –
I. If the unit owners' association or the board of directors has delegated certain powers and duties to a managing agent, the managing agent shall disclose any referral fees received from contract work performed on behalf of the association to the board of directors prior to the next regularly scheduled board meeting, unless the terms of any referral fees are disclosed in the managing agent's contract with the unit owners' association, in which case disclosure of fees actually received shall not be required.
II. The managing agent also shall disclose to the board of directors the amount and purpose of any fees, other than maintenance fees, received from a unit owner, unless the terms of any such fees are disclosed in the managing agent's contract with the unit owners' association, in which case disclosure of fees actually received shall not be required.
III. Any contractor licensed by the state of New Hampshire who performs work for a unit owner shall disclose on the bill any referral fee paid by the contractor.
Source.
2011, 96:1, eff. Jan. 1, 2012. 2016, 311:2, eff. Aug. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.