reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 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).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:56 - Conversion Condominium; Special Provisions.

356-B:56 Conversion Condominium;  Special Provisions. –
I. Any declarant of a conversion condominium shall include in his public offering statement, in addition to the requirements of RSA 356-B:52, the following:
(a) A specific statement of the amount of any initial or special condominium fee due from the purchaser on or before settlement or closing of the purchase contract and the basis of such fee;
(b) Information on the actual expenditures made on all repairs, maintenance, operation or upkeep of the subject building or buildings within the last 3 years or for the period of the declarant's ownership, whichever, is less, set forth tabularly with the proposed budget of the condominium, and cumulatively broken down on a per unit basis in proportion to the relative voting strengths allocated to the units by the bylaws. If information shall be set forth for the maximum time during said period such building or buildings have been occupied;
(c) A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves, or, if no provision is made for such reserves, a statement to that effect;
(d) A statement of the declarant as to the present condition of all structural components and major utility installations in the condominium, which statement shall include the approximate dates of construction, installation, and major repairs, if known, and the expected useful life of each such item, together with the estimated cost (in current dollars) of replacing each of the same.
II. [Repealed.]
III. The declarant of a conversion condominium shall, in addition to the requirements of RSA 356-B:51, include with the application for registration a copy of the notices described in RSA 356-C:3, I or II, and a certified statement that the notices comply with the provisions of RSA 356-C:3, I or II, and have been or will be mailed to each of the tenants in the condominium for which registration is sought, in compliance with RSA 356-C:3, I or II.
Source.
1977, 468:1. 1983, 398:3, 4, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:57 - Escrow of Deposits.

356-B:57 Escrow of Deposits. –
Any deposit made in regard to any disposition of any interest in a unit shall either be held in escrow until settlement or closing or shall be delivered to the person providing construction financing, who shall either hold said deposit in escrow or shall apply said deposit to the construction of the condominium; provided, however, that any deposit made under a nonbinding reservation agreement shall be placed in escrow. Subject to the foregoing, such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, if such funds are being held by a real estate broker or attorney licensed under the laws of this state, they may be placed in that broker's or attorney's regular escrow account and need not be placed in a separate designated account. Such escrow funds shall not be subject to attachment by the creditors of either the purchaser or the declarant.
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:58 - Resale by Purchaser.

356-B:58 Resale by Purchaser. –
I. In the event of any resale of a condominium unit or any interest therein by any person other than the declarant, the prospective unit owner shall have the right to obtain from the owners' association, prior to the contract date of the disposition, the following:
(a) Appropriate statements pursuant to RSA 356-B:46, VIII and, if applicable, RSA 356-B:47;
(b) A statement of any capital expenditures and major maintenance expenditures anticipated by the unit owners' association within the current or succeeding 2 fiscal years;
(c) A statement of the status and amount of any reserve for the major maintenance or replacement fund and any portion of such fund earmarked for any specified project by the board of directors;
(d) A copy of the income statement and balance sheet of the unit owners' association for the last fiscal year for which such statement is available;
(e) A statement of the status of any pending suits or judgments in which the unit owners' association is a party defendant;
(f) A statement setting forth what insurance coverage is provided for all unit owners by the unit owners' association and what additional insurance coverage would normally be secured by each individual unit owner; and
(g) A statement that any improvements or alterations made to the unit, or the limited common areas assigned thereto, by the prior unit owner are not known to be in violation of the condominium instruments.
(h) A copy of the condominium declaration, by-laws, and any formal rules of the association.
(i) A statement of the amount of monthly and annual fees, and any special assessments made within the last 3 years.
II. The principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, shall furnish the statements prescribed by paragraph II upon the written request of any prospective unit owner within 10 days of the receipt of such request.
Source.
1977, 468:1. 2004, 73:2, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:60 - Investigations and Proceedings.

356-B:60 Investigations and Proceedings. –
I. The attorney general may make necessary public or private investigations in accordance with law within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder. In aid of such investigations, the attorney general may require or permit any person to file a statement in writing, under oath and subject to penalties of perjury or otherwise as the attorney general determines, as to all the circumstances concerning matters under investigation.
II. For the purpose of any investigation or proceeding under this chapter, the attorney general or any officer designated by rule may administer oaths or affirmations and, upon his own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge or relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
III. Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the attorney general may apply to the superior court for an order compelling compliance.
Source.
1977, 468:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:61 - Cease and Desist Orders.

356-B:61 Cease and Desist Orders. –
I. If the attorney general determines after notice and hearing that a person has:
(a) Violated any provision of this chapter;
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of any interest in a unit;
(c) Made any material change in the plan of disposition and development of the condominium subsequent to the order of registration without notifying the attorney general, obtaining his approval and making appropriate amendment of the public offering statement;
(d) Disposed of any interest in a unit which has not been registered with the attorney general; or
(e) Violated any lawful order or rule of the attorney general;
he may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the attorney general will carry out the purpose of this chapter.
II. If the attorney general determines that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the attorney general shall attempt to give telephonic or other notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include findings of fact in support of the attorney general's determination that the public interest will be irreparably harmed by delay in issuing the order and a provision that, upon request, a hearing will be held within 10 business days of the deposit in the United States mails or delivery in hand of said order, to determine whether or not it becomes permanent.
Source.
1977, 468:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:62 - Revocation of Registration.

356-B:62 Revocation of Registration. –
I. A registration may be revoked after notice and hearing upon a written finding of fact that the declarant has:
(a) Failed to comply with the terms of a cease and desist order;
(b) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat or for the purpose of defeating the rights of unit purchasers;
(d) Failed to perform any stipulation or agreement made with the attorney general as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; or
(e) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
II. If the attorney general finds after notice and hearing that the developer has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of RSA 356-B:61, II.
Source.
1977, 468:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:63 - Judicial Review.

356-B:63 Judicial Review. –
I. Any person aggrieved by a decision or action of the attorney general may, by petition, appeal from said decision or action to the superior court for review. The superior court may affirm, reverse, or modify the decision or action of the attorney general as justice may require.
II. The filing of the petition does not itself stay enforcement of the attorney general's decision. The attorney general may grant, or the superior court may order, a stay upon appropriate terms.
III. Within 30 days after the service of the petition, or within further time allowed by the court, the attorney general shall transmit to the superior court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
IV. If, before the date set for a court hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the attorney general, the court may order that the additional evidence be taken before the attorney general, upon conditions determined by the court. The attorney general may modify his findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the superior court.
Source.
1977, 468:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:64 - Penalties.

356-B:64 Penalties. –
Any person who willfully violates any provision of this subdivision IV or of a rule adopted under it or any person who willfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
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:66 - Jurisdiction.

356-B:66 Jurisdiction. –
Dispositions of any interest in condominium units are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter if:
I. The condominium units offered for disposition are located in this state; or
II. The declarant's principal office is located in this state; or
III. Any offer or disposition of any interest in condominium units is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
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:67 - Interstate Rendition.

356-B:67 Interstate Rendition. –
In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
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:68 - Service of Process.

356-B:68 Service of Process. –
I. Service may be made by delivering a copy of the process to the office of the attorney general, but it is not effective unless the plaintiff (which may be the attorney general in a proceeding instituted by him):
(a) Forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address, and
(b) The plaintiff's affidavit of compliance with this section is filed in the case on or before the date specified by the court on the summons, or within such further time as the court allows.
II. If any person, including any nonresident of this state, engages in conduct prohibited by this chapter or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the attorney general to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in paragraph I.
Source.
1977, 468:1. 1985, 300:7, I(b). 2014, 204:14, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:69 - Conflict of Interests.

356-B:69 Conflict of Interests. –
No member of the consumer protection and antitrust bureau, department of justice shall act as an officer, employee, agent, attorney or broker of a condominium or offer or dispose of any interest in a condominium unit required to be approved pursuant to RSA 356-B:51.
Source.
1977, 468:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:70 - Committee to Study the Laws Relating to Condominium and Homeowners' Associations.

356-B:70 Committee to Study the Laws Relating to Condominium and Homeowners' Associations. –
I. There is established a committee to study laws relating to condominium and homeowners' associations.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall:
(a) Study laws relevant to condominium and other homeowners' associations, and the rules and regulations adopted thereunder, to assess their scope and application and whether revision or amendment is necessary.
(b) Study the registration of subdivisions under the land sales full disclosure act, RSA 356-A, and condominiums under the condominium act, RSA 356-B, with the department of justice.
(c) Evaluate the need to distinguish smaller and larger associations in the statutes and to differentiate between condominium associations and homeowners' associations.
(d) Study model laws for possible improvement to New Hampshire laws.
(e) Recommend statutory changes.
(f) Solicit information and testimony from the Community Associations Institute and others with expertise or information relevant to the committee's study.
V. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall submit an annual report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010 and each November 1 thereafter.
Source.
2010, 322:1, eff. July 20, 2010. 2011, 156:2, eff. June 8, 2011.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:1 - Definitions.

356-C:1 Definitions. –
As used in this chapter:
I. [Repealed.]
II. "Conversion" means a change in the character of residential real property from a rental to an ownership basis. A condominium, stock cooperative or other similar arrangement shall be deemed ownership in character.
III. "Disabled tenant" means a tenant who is receiving aid to the totally and permanently disabled from the New Hampshire division of human services, disability benefits from the social security administration or benefits for total disability from the department of veterans affairs.
IV. "Elderly tenant" means a tenant who is 65 years of age or older.
V. "Tenant" means a person who has entered into a lease or other contractual arrangement with the owner.
VI. "Tenant household" means one or more persons, whether related or not, who occupy a dwelling unit in residential real property on a rental basis pursuant to a valid lease or oral or written rental agreement.
Source.
1983, 398:1. 1985, 300:29, IV.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:2 - Applicability.

356-C:2 Applicability. –
I. This chapter shall apply to the conversion of all residential real property in the state of New Hampshire except:
(a) The conversion of any building, building complex or manufactured housing park having 10 or fewer than 10 dwelling units; provided, however, that, if the conversion of a building, building complex or manufactured housing park having more than 10 dwelling units is conducted in stages of 10 or fewer than 10 units at any time, this chapter shall be applicable to any such conversion;
(b) The conversion of any nursing home, dormitory, boarding house, motel, hotel, dwelling unit normally occupied by transient persons for periods of 3 months or less or dwelling unit occupied on a seasonal basis for fewer than 6 months of the year;
(c) The conversion of any dwelling unit which is individually owned but has been rented.
II. This chapter shall not apply to a conversion which has been registered under RSA 356-A or 356-B prior to June 22, 1983, or, if registration was not required, if either condominium instruments had been recorded in the registry of deeds in accordance with RSA 356-B:7 prior to June 22, 1983, or if a formal offering of sale to prospective buyers had been made prior to June 22, 1983. This chapter shall apply to a conversion with respect to which an application for registration had been filed in proper form under RSA 356-A or 356-B, but for which registration had not been granted, prior to June 22, 1983, to the extent provided in RSA 356-C:3, II; 356-C:5; 356-C:8 and 356-C:9.
III. A conversion subject to this chapter shall be registered under RSA 356-A or 356-B, as appropriate, notwithstanding any exemption to the contrary contained in those chapters, unless the conversion is exempted by action of the attorney general pursuant to RSA 356-A or 356-B.
Source.
1983, 398:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:4 - Filing Notices With Attorney General.

356-C:4 Filing Notices With Attorney General. –
The notices required under RSA 356-C:3, I, shall be filed with the attorney general at least 10 days prior to their being mailed to any tenant.
Source.
1983, 398:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:5 - Exclusive Right to Purchase.

356-C:5 Exclusive Right to Purchase. –
I. Any tenant entitled to notice under RSA 356-C:3, I and II, shall have an exclusive right to contract for the purchase of the unit that he occupies, provided that the unit is to be retained without substantial alteration in its physical layout. Such tenant shall be given all documents provided to the general public or to any other tenant as a part of the offering for sale. Each tenant shall have 60 days from the time of receipt of the sales documents to exercise his exclusive right to purchase. The exclusive right to purchase shall expire prior to the expiration of the 60 day period upon the tenant's voluntarily giving notice of termination of his lease or rental agreement or vacating his unit, whichever is earlier.
II. Failure to comply with this section shall render a sale to any person or entity other than the tenant voidable at the option of the tenant if the tenant exercises this option before giving notice of termination or vacating the premises.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:6 - Eviction Protection.

356-C:6 Eviction Protection. –
Once notice has been served on the tenant in accordance with RSA 356-C:3, I or II, the tenant shall not be evicted from his dwelling unit except upon the following grounds:
I. Nonpayment of rent or other reasonable charges due under the lease or rental agreement, provided that:
(a) No owner or his agent shall charge, and no tenant shall be liable for, any rent increase other than increases which are based on the unit's pro rata share of increases in insurance, fuel oil, gas, electricity, water or sewer costs, real property taxes and maintenance and operational expenses, which directly or indirectly benefit the tenant. Rental increases are prohibited if based on:
(1) Assessments against the unit for improvements to the converted property; and
(2) Increased tax assessments due to conversion of the residential property of which the unit is a part;
(b) In any action for nonpayment based on the tenant's failure to pay an increase, the court shall determine how much of the proposed increase is permissible and allow the tenant 30 days to pay such sum. If the tenant pays the amount of the increase ordered by the court within the 30 day period, any eviction action shall be dismissed.
II. Failure of the tenant to comply with material terms of the lease or rental agreement if the tenant is first given written notice of the failure to comply and a reasonable opportunity to comply;
III. Damage by the tenant to the dwelling unit, reasonable wear and tear excepted, and failure by the tenant to repair the damage within a reasonable time;
IV. Repeated conduct of the tenant which disturbs the peace and quiet of other tenants;
V. Expiration of the notice period under RSA 356-C:3, I or II; or
VI. If applicable, there is no longer in residence in the dwelling unit an elderly or disabled tenant of the tenant household who occupied the unit at the time the notice was given under RSA 356-C:3, I or II.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:7 - Waiver Prohibited.

356-C:7 Waiver Prohibited. –
No lease or rental agreement, oral or written, shall contain any provision by which the tenant prospectively waives any of his rights under this chapter; and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:8 - Circumvention of This Chapter.

356-C:8 Circumvention of This Chapter. –
No owner or his agent acting alone or with other persons shall attempt to circumvent or circumvent the protections given tenants under RSA 356-C:6; nor shall any such person willfully cause a tenant to vacate the dwelling unit or to be evicted from the unit without good cause in contemplation of conversion before the issuance of the notices required by RSA 356-C:3, I or II. Nothing in this chapter shall make it unlawful for a landlord to evict a tenant at any time for one of the grounds set forth in RSA 356-C:6.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:9 - Damages; Penalties.

356-C:9 Damages;  Penalties. –
I. An owner or his agent who violates any provision of this chapter shall be liable in a court of competent jurisdiction to any tenant injured by such violation in an amount equal to double the actual damages suffered; provided, however, if RSA 356-C:8 is violated, the owner or his agent shall be liable to such tenant in an amount equal to actual damages or $1,000, whichever is greater. A tenant which prevails in any action brought under this section shall be entitled to recover reasonable attorney's fees and costs.
II. An action commenced under paragraph I by any member of the tenant household shall bar any other action under said paragraph by any other member of the household. Any damages awarded to the tenant household shall be distributed to the members thereof in equal proportions or as the court, in its sole discretion, may otherwise determine.
III. A payment in good faith in settlement of any claim or action arising under paragraph I to any member of the tenant household shall bar any other claim or action thereunder by any other member of the household.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:10 - Reimbursement of Owner's Costs.

356-C:10 Reimbursement of Owner's Costs. –
If a tenant refuses to pay a permissible rent increase under RSA 356-C:6, I(a), or brings an action under RSA 356-C:9, I, on grounds found by a court in either case to be frivolous or solely for the purposes of harassment, the tenant shall be liable to the owner for any costs incurred by the owner in connection with any such proceedings, including reasonable attorney's fees.
Source.
1983, 398:1, eff. June 22, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-C - Protection of Tenants in Conversion of Rental Units › Section 356-C:11 - Repealed by 1985, 300:30, eff. July 1, 1987.

356-C:11 Repealed by 1985, 300:30, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:2 - Applicability.

357-C:2 Applicability. –
Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of, or has business dealings with respect to, a motor vehicle within the state shall be subject to the provisions of this chapter and the jurisdiction of the courts of this state.
Source.
1981, 477:2, eff. Aug. 25, 1981.