reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:8 - Penalty.

479:8 Penalty. –
Any mortgagee violating the provisions of RSA 479:7, or any mortgagee who after the satisfaction of the mortgage refuses to give a sufficient discharge of such mortgage, shall be liable for damages to the mortgagor at the rate of $200 for each week after the expiration of the 60 days up to a maximum of $2,500 or in an amount equal to the loss sustained as a result of the failure of the mortgagee to execute and deliver a release, whichever is greater, plus costs and reasonable attorney's fees.
Source.
1905, 37:2. PL 215:7. RL 261:7. RSA 479:8. 1973, 531:134. 1989, 171:2, eff. Jan. 1, 1990. 2015, 224:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:9 - Informal Discharges, Validated.

479:9 Informal Discharges, Validated. –
Every duly recorded satisfaction piece or instrument executed prior to January 1, 1980, with intent to cancel and discharge or assign a mortgage of real estate, fully identifying the mortgage so intended to be canceled and discharged or assigned, but not drawn in formal accordance with statutory requirements, shall be held a valid discharge or assignment of such mortgage and a release or assignment of the mortgaged interest in such real estate. This section shall not apply to such satisfaction pieces or instruments, the validity of which is brought into question in any suit pending in any court before January 1, 1987.
Source.
1949, 191:2. RSA 479:9. 1986, 48:2, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:10 - Petition for Release.

479:10 Petition for Release. –
If after such performance or payment, or a legal tender thereof, the mortgagee, being duly requested and having his reasonable charges therefor tendered to him, shall refuse or neglect to execute a release of his interest in the mortgaged premises, the mortgagor or person having his estate may apply by petition to the superior court in the county where the mortgaged estate or the greater part thereof lies stating the conveyance of the estate, the condition of the conveyance and the performance, payment or tender thereof, and praying for a decree of discharge or other relief.
Source.
RS 131:5. CS 137:5. GS 122:5. GL 136:5. PS 139:5. PL 215:8. RL 261:8.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:11 - Hearing; Decree.

479:11 Hearing;  Decree. –
If the court, after proof of due notice given and a hearing on the petition, shall find that the condition of the mortgage has been performed and that all damages and costs have been paid according to law, or that a legal tender thereof has been made and the amount has been brought into court and lodged with the clerk thereof, the court shall decree that the mortgage be discharged.
Source.
RS 131:6. CS 137:6. GS 122:6. GL 136:6. PS 139:6. PL 215:9. RL 261:9.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:12 - Record of Decree.

479:12 Record of Decree. –
A copy of such decree, recorded in the registry of deeds for the county in which the lands lie, shall have the same effect as a release duly executed by the mortgagee.
Source.
RS 131:7. CS 137:7. GS 122:7. GL 136:7. PS 139:7. PL 215:10. RL 261:10.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:13 - Account.

479:13 Account. –
The mortgagee, upon a request in writing by the mortgagor, shall make out and deliver to him or his agent a just and true account of all his demands secured by the mortgage, of all damages and costs incurred by reason of the nonperformance of the condition thereof, and of all rents and profits by him received.
Source.
RS 131:8. CS 137:8. GS 122:8. GL 136:8. PS 139:8. PL 215:11. RL 261:11.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:14 - Determination by Court.

479:14 Determination by Court. –
If the mortgagee shall unreasonably refuse or neglect to make out and deliver such account, the superior court, upon petition by the mortgagor setting forth the facts in the case and upon due notice given to the parties interested, shall determine the amount justly due after deducting rents and profits received.
Source.
RS 131:9. CS 137:9. GS 122:9. GL 136:9. PS 139:9. PL 215:12. RL 261:12.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:15 - Jury Trial.

479:15 Jury Trial. –
If, upon the hearing of such petition, any issue of fact shall arise, such issue, if either party elects, may be determined by a jury, and costs shall be awarded to the prevailing party.
Source.
RS 131:11. CS 137:11. GS 122:11. GL 136:11. PS 139:11. PL 215:14. RL 261:14.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:16 - Decree; Record.

479:16 Decree;  Record. –
Upon such amount being brought into court and lodged with the clerk, the court shall decree that the mortgage be discharged, and a copy of such decree recorded in the registry of deeds for the county in which the lands lie shall have the same effect as a release duly executed by the mortgagee.
Source.
RS 131:10. CS 137:10. GS 122:10. GL 136:10. PS 139:10. PL 215:13. RL 261:13.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:17 - Limitation of Action.

479:17 Limitation of Action. –
No such petition shall be heard unless the same shall be entered in court within one year after such payment, performance, tender, refusal or neglect.
Source.
RS 131:12. CS 137:12. GS 122:12. GL 136:12. PS 139:12. PL 215:15. RL 261:15.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:18 - Redemption After Condition Broken.

479:18 Redemption After Condition Broken. –
All lands conveyed in mortgage may be redeemed by the mortgagor, after the condition thereof is broken, by the payment of all demands and the performance of all things secured by the mortgage and the payment of all damages and costs sustained and incurred by reason of the nonperformance of its condition, or by a legal tender thereof, before foreclosure.
Source.
RS 131:13. CS 137:13. GS 122:13. GL 136:13. PS 139:13. PL 215:16. RL 261:16.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:18-a - Authorization.

479:18-a Authorization. –
Notwithstanding the provisions of RSA 479:3 or any other provision of law, the terms of repayment of any real estate mortgage loan made to a veteran under the provisions of Title III of the Servicemen's Readjustment Act of 1944, as now or hereafter amended, may, by written agreement between the holder of the mortgage and the debtor, be extended, the rate of amortization changed, and the amount of any delinquent interest and other delinquent mortgage charges added to the principal, all in accordance with the current federal regulations governing the subject; and the mortgage indebtedness as thus recast or amended as to terms of repayment shall be as fully secured under the original mortgage deed and have the same priority as the original mortgage indebtedness.
Source.
1957, 219:1, eff. July 3, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:18-b - Intervening Liens.

479:18-b Intervening Liens. –
As to real estate mortgages made prior to July 3, 1957, nothing contained in RSA 479:18-a shall be construed to derogate from the rights of holders of valid liens on the mortgaged real estate which attached prior to July 3, 1957.
Source.
1957, 219:2, eff. July 3, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:18-c - Nature of Authority.

479:18-c Nature of Authority. –
The powers and privileges conferred by RSA 479:18-a shall be deemed cumulative and are not intended to modify or supersede any such powers or privileges already available, in whole or in part, under other statutes or at common law.
Source.
1957, 219:3, eff. July 3, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:18-d - Severability.

479:18-d Severability. –
If any provision of this subdivision is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the subdivision and the applicability thereof to other persons and circumstances shall not be affected thereby.
Source.
1957, 219:4, eff. July 3, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:19 - Modes.

479:19 Modes. –
The right of the mortgagor and all persons claiming under him to redeem any mortgaged premises shall be forever barred and foreclosed by the mortgagee in the following modes:
I.
Entry Under Process. By entry into the mortgaged premises under process of law and continued actual possession thereof for one year.
II.
Entry and Publication. By peaceable entry into the mortgaged premises and continued, actual, peaceable possession thereof for the space of one year, and by publishing in some newspaper printed in the same county, if any, and otherwise in some newspaper printed in an adjoining county, 3 weeks successively, a notice stating the time at which the possession for condition broken commenced, the object of such possession, the name of the mortgagor and mortgagee, the date of the mortgage and a description of the premises, the first publication to be 6 months at least before the right to redeem would be foreclosed.
III.
Possession and Publication. By the mortgagee in possession of the mortgaged premises publishing in some newspaper printed in the same county, if any, and otherwise in some newspaper printed in an adjoining county, 3 weeks successively, a notice stating that from and after a certain day, which shall be specified in the notice and which shall not be more than 4 weeks from and after the last day of publication of the notice, such possession will be held for condition broken and for the purpose of foreclosing the right of the mortgagor and of all persons claiming under him to redeem the same, and stating the names of the mortgagor and of the mortgagee, the date of the mortgage and a description of the premises, and by retaining actual, peaceable possession of the premises for one year from and after the day specified in the notice.
Source.
RS 131:14. CS 137:14. 1854, 1531:1. GS 122:14. GL 136:14. PS 139:14. PL 215:17. RL 261:17.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:20 - Expenses.

479:20 Expenses. –
The expense of such publication and $.34 for the notice shall be paid to the mortgagee by the person redeeming the mortgage before the redemption thereof.
Source.
RS 131:15. CS 137:15. GS 122:15. GL 136:15. PS 139:15. PL 215:18. RL 261:18.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:21 - Evidence.

479:21 Evidence. –
The affidavit of the party making an entry into real estate under the second method of foreclosure, and of the witnesses thereto as to the time, manner and purposes of the entry, and a copy of the published notice required under the second and third methods of foreclosure, respectively, verified by affidavit as to the time, place and mode of publication, recorded in the registry of deeds for the county in which the lands lie, shall be evidence of entry, possession and publication.
Source.
RS 131:16. CS 137:16. GS 122:16. GL 136:16. PS 139:16. PL 215:19. RL 261:19.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:21-a - Repealed by 2014, 198:2, eff. Jan. 1, 2015.

479:21-a Repealed by 2014, 198:2, eff. Jan. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:22 - Decree for Sale.

479:22 Decree for Sale. –
When a power of sale is contained in a mortgage and a conditional judgment is entered, the demandant may, instead of a writ of possession, have a decree entered that the property be sold pursuant to such power, and thereupon the demandant shall give such notices and do all such acts as are authorized and required by the power or by the court in its decree.
Source.
1899, 19:1. PL 215:20. RL 261:20.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:23 - Report of Sale.

479:23 Report of Sale. –
The party selling shall, within 10 days after the sale, make to the court under oath a report of the sale and of his doings and file the same in the clerk's office, and the same may be confirmed and allowed or set aside and a new sale ordered as to the court seems just.
Source.
1899, 19:2. PL 215:21. RL 261:21.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:24 - Confirmation of Sale.

479:24 Confirmation of Sale. –
Any person interested may intervene or be summoned and heard on such proceedings, and the order of the court confirming the sale shall be conclusive evidence as against all persons that the power was duly executed.
Source.
1899, 19:2. PL 215:22. RL 261:22.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:26 - Return; Effect.

479:26 Return;  Effect. –
I. The person selling pursuant to the power shall within 60 days after the sale cause the foreclosure deed, a copy of the notice of the sale, and his affidavit setting forth fully and particularly his acts in the premises to be recorded in the registry of deeds in the county where the property is situated; and such affidavit or a duly certified copy of the record thereof shall be evidence on the question whether the power of sale was duly executed. If such recording is prevented by order or stay of any court or law or any provision of the United States Bankruptcy Code, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay. If such recording is, in accordance with the provisions of this chapter, made more than 60 days after the sale, the reasons therefor shall be set forth fully and particularly in the affidavit.
II. Failure to record said deed and affidavit within 60 days after the sale shall render the sale void and of no effect only as to liens or other encumbrances of record with the register of deeds for said county intervening between the day of the sale and the time of recording of said deed and affidavit.
III. Title to the foreclosed premises shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the premises shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage. In the event that the purchaser shall not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void.
Source.
1899, 19:4. PL 215:24. RL 261:24. RSA 479:26. 1967, 187:2. 1977, 401:2. 1990, 115:16. 1991, 203:4. 1992, 27:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:27 - Mortgagee May Buy.

479:27 Mortgagee May Buy. –
A mortgagee selling under a power contained in a mortgage may be a purchaser at the sale, unless the mortgage contains a provision to the contrary.
Source.
1899, 19:5. PL 215:25. RL 261:25.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:27-a - Foreclosure on Personalty.

479:27-a Foreclosure on Personalty. –
In the event that the note or other obligation secured by the mortgage is further secured by a security agreement on personalty situated on the mortgaged premises, the mortgagee may, at his option and upon notice to the mortgagor, foreclose the real estate and the personal property as a single unit, and compliance with the notice provisions of this chapter shall be deemed to be in compliance with the foreclosure requirements of the Uniform Commercial Code.
Source.
1977, 401:3, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:28 - Void After 50 Years.

479:28 Void After 50 Years. –
From and after January 1, 1960, all undischarged mortgages of real estate which shall have been on record for a period of more than 50 years and which attain such age subsequent to January 1, 1960, shall be void; provided, however, that a mortgagee or assignee of such a mortgage may continue the same in its full legal effect and priority for an additional period of 50 years from date of such action by recording at any time within such 50-year period an affidavit signed by the mortgagor and the mortgagee or assignee stating that the mortgage is not discharged but is still in full force and effect. All such mortgages which shall have been on record for a period of more than 50 years on or before January 1, 1960, shall become void on January 1, 1960, unless prior to that date the mortgagee or the assignee of such a mortgage shall have recorded an affidavit signed by the mortgagor and the mortgagee or assignee stating that the mortgage is not discharged but is still in full force and effect, and upon the recording of such an affidavit such mortgage shall retain its full legal effect and priority for an additional period of 50 years from the date of such recording.
Source.
1957, 256:1, eff. Sept. 27, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:29 - Exception.

479:29 Exception. –
RSA 479:28 shall not apply to mortgages held by banks, trust companies, building and loan associations and federal savings and loan associations, whether as named mortgagee or assignee of record.
Source.
1957, 256:1, eff. Sept. 27, 1957.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479 - Mortgages of Realty › Section 479:30 - Real Estate Appraisals.

479:30 Real Estate Appraisals. –
Whenever a person pays a fee to any bank, mortgage company or other lending institution for a real estate appraisal which is a component of his application for a loan, he shall have the right to receive from such bank or lending institution one copy of the original appraisal free of charge. The request for the copy shall be made in writing.
Source.
1988, 96:1, eff. June 17, 1988.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:2 - Application of Chapter.

479-A:2 Application of Chapter. –
This chapter shall be applicable only to property which the sole owner or all the owners thereof or, in the case where the property is leased of another for a period of not less than 30 years, the sole lessee or all the lessees thereof submit to the provisions hereof by duly executing and recording a declaration as provided in RSA 479-A:10 and 479-A:14.
Source.
1965, 155:1. 1967, 264:3, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:3 - Status of the Units.

479-A:3 Status of the Units. –
Each unit, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:4 - Ownership of Units.

479-A:4 Ownership of Units. –
Each unit owner shall be entitled to the exclusive ownership and possession of his unit.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:5 - Common Areas and Facilities.

479-A:5 Common Areas and Facilities. –
Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the unit in relation to the value of the property. The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof unless the property has been removed from the provisions of this chapter as provided in RSA 479-A:15 or 479-A:25. Any covenant to the contrary shall be null and void. Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bylaws. The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:6 - Compliance With Covenants, Bylaws and Administrative Provisions.

479-A:6 Compliance With Covenants, Bylaws and Administrative Provisions. –
Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit. Failure to comply with any of the same shall be ground for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of unit owners or, in a proper case, by an aggrieved unit owner.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:7 - Certain Work Prohibited.

479-A:7 Certain Work Prohibited. –
No unit owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament without in every such case the unanimous consent of all the other unit owners being first obtained.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:8 - Liens Against Units; Removal From Lien; Effect of Part Payment.

479-A:8 Liens Against Units;  Removal From Lien;  Effect of Part Payment. –
Subsequent to recording the declaration as provided in this chapter and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the association of unit owners, the manager or board of directors in accordance with this chapter, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units and shall be subject to the provisions of this section. In the event a lien against 2 or more units becomes effective, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit from the lien by payment of the fractional or proportional amounts attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing on the declaration. Subsequent to any such payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:9 - Common Profits and Expenses.

479-A:9 Common Profits and Expenses. –
The common profits of the property shall be distributed among, and the common expenses shall be charged to, the unit owners according to the percentage of the undivided interest in the common areas and facilities.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:10 - Contents of Declaration.

479-A:10 Contents of Declaration. –
The declaration shall contain the following particulars:
I. Description of the land on which the building and improvements are or are to be located.
II. Description of the building, stating the number of stories and basements, the number of units and the principal materials of which it is or is to be constructed.
III. The unit number of each unit and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification.
IV. Description of the common areas and facilities.
V. Description of the limited common areas and facilities, if any, stating to which units their use is reserved.
VI. Value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appertaining to each unit and its owner for all purposes, including voting.
VII. Statement of the purposes for which the building and each of the units are intended and restricted as to use.
VIII. The name of a person to receive service of process in the cases provided in RSA 479-A:26, together with the residence or place of business of such person which shall be within the county in which the building is located.
IX. Provision as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property.
X. Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with the provisions of this chapter.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:11 - Contents of Deeds of Units.

479-A:11 Contents of Deeds of Units. –
Deeds of units shall include the following particulars:
I. Description of the land as provided in RSA 479-A:10 or the post office address of the property, including in either case the volume, page and date of recording of the declaration.
II. The unit number of the unit in the declaration and any other data necessary for its proper identification.
III. Statement of the use for which the unit is intended and restrictions on its use.
IV. The percentage of undivided interest appertaining to the unit in the common areas and facilities.
V. Any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this chapter.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:12 - Copy of Floor Plans To Be Filed.

479-A:12 Copy of Floor Plans To Be Filed. –
Simultaneously with the recording of the declaration, there shall be filed in the office of the recording officer a set of the floor plans of the building showing the layout, location, unit numbers, and dimensions of the units, stating the name of the building or that it has no name. Those portions of the plans prepared by a licensed land surveyor shall bear the verified statement of a licensed land surveyor and all other portions of the plans shall bear the verified statement of a licensed architect or a licensed professional engineer certifying that they are accurate copies of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings, if any. Said plans shall be drawn in full compliance with the requirements as to material, markings, size, and other specifications as set forth in RSA 478:1-a. If such plans do not include a verified statement by such land surveyor and architect or engineer that such plans fully and accurately depict the layout, location, unit designations, and dimensions of all of the units as built, there shall be recorded prior to each first conveyance of any particular unit with respect to which such a statement was not made an amendment to the declaration to which shall be attached a verified statement of a licensed land surveyor as to the portions of plans prepared by a licensed land surveyor and a verified statement of a licensed architect or a licensed professional engineer as to all other portions of plans certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, unit designations, and dimensions of such particular unit as built. Such plans shall be kept by the recording officer, indexed in the same manner as a conveyance entitled to record.
Source.
1965, 155:1. 1971, 413:1. 1975, 37:1. 2005, 31:2, eff. July 9, 2005.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:13 - Blanket Mortgages and Other Blanket Liens Affecting a Unit at Time of First Conveyance.

479-A:13 Blanket Mortgages and Other Blanket Liens Affecting a Unit at Time of First Conveyance. –
At the time of the first conveyance of each unit, every mortgage and other lien affecting such unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall be paid and satisfied of record, or the unit being conveyed and its percentage of undivided interest in the common areas and facilities shall be released therefrom by partial release duly recorded.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:14 - Recording.

479-A:14 Recording. –
The declaration and amendment or amendments thereof, any instrument by which the provisions of this chapter may be waived, and every instrument affecting the property of any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
Source.
1965, 155:1. 1971, 413:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:15 - Removal From Provisions of This Chapter.

479-A:15 Removal From Provisions of This Chapter. –
All of the unit owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property as provided in this section. Upon removal of the property from the provisions of this chapter, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:16 - Removal No Bar to Subsequent Resubmission.

479-A:16 Removal No Bar to Subsequent Resubmission. –
The removal provided for in RSA 479-A:15 shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:17 - Bylaws.

479-A:17 Bylaws. –
The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:18 - Contents of Bylaws.

479-A:18 Contents of Bylaws. –
The bylaws may provide for the following:
I. The election from among the unit owners of a board of directors, the number of persons constituting the same, and that the terms of at least 1/3 of the directors shall expire annually; the powers and duties of the board; the compensation, if any, of the directors; the method of removal from office of directors; and whether or not the board may engage the services of a manager or managing agent.
II. The method of calling meetings of the unit owners and what percentage, if other than a majority of the unit owners, shall constitute a quorum.
III. The election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of unit owners.
IV. The election of a secretary who shall keep the minute book wherein resolutions shall be recorded.
V. The election of a treasurer who shall keep the financial records and books of account.
VI. The maintenance, repair and replacement of the common areas and facilities and payments therefor, including the method of approving payment vouchers.
VII. The manner of collecting from the unit owners their share of the common expenses.
VIII. The designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities.
IX. The method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
X. Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners.
XI. The percentage of votes required to amend the bylaws.
XII. Other provisions as may be deemed necessary for the administration of the property consistent with this chapter.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:19 - Books of Receipts and Expenditures; Availability for Examination.

479-A:19 Books of Receipts and Expenditures;  Availability for Examination. –
The manager or board of directors, as the case may be, shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available for examination by the unit owners at convenient hours of weekdays.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:20 - Waiver of Use of Common Areas and Facilities; Abandonment of Unit.

479-A:20 Waiver of Use of Common Areas and Facilities;  Abandonment of Unit. –
No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:21 - Separate Taxation.

479-A:21 Separate Taxation. –
I. Each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including, but not limited to, special ad valorem levies and special assessments. Neither the building, the property, nor any of the common areas and facilities shall be deemed to be a parcel.
II. In the event the land or the building, including common areas and facilities, is separately owned and leased to the unit owner for a period of not less than 30 years and such lease, duly recorded, provides that the lessee shall pay all such taxes, such unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be separately assessed and taxed as aforesaid.
Source.
1965, 155:1. 1967, 264:4, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:22 - Priority of Lien.

479-A:22 Priority of Lien. –
All sums assessed by the association of unit owners but unpaid for the share of the common expenses chargeable to any unit shall constitute a lien on such unit prior to all other liens except only (1) tax liens on the unit in favor of any assessing unit and special district and (2) all sums unpaid on a first mortgage of record. Such lien may be foreclosed by the manager or board of directors, acting on behalf of the unit owners, in like manner as a mortgage of real property. In any such foreclosure, the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The manager or board of directors, acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid in the unit at a foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. Where the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage, such acquirer of title, his successors and assigns shall not be liable for the share of the common expenses or assessments by the association of unit owners chargeable to such unit which became due prior to the acquisition of title to such unit by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners including such acquirer, his successors and assigns.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:23 - Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses.

479-A:23 Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses. –
In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor, and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:24 - Insurance.

479-A:24 Insurance. –
The manager or the board of directors if required by the declaration, bylaws or by a majority of the unit owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of unit owners as trustee for each of the unit owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each unit owner to insure his own unit for his benefit.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:25 - Disposition of Property; Destruction or Damage.

479-A:25 Disposition of Property;  Destruction or Damage. –
If within 60 days of the date of the damage or destruction to all or part of the property it is not determined by the association of unit owners to repair, reconstruct or rebuild, then and in that event: the property shall be deemed to be owned in common by the unit owners; the undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities; any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the unit owner in the property as provided in this section; and the property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners to the extent sufficient for the purpose all liens on the undivided interest in the property owned by each unit owner.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:26 - Actions.

479-A:26 Actions. –
Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of 2 or more of the unit owners, as their respective interests may appear, with respect to any cause of action relating to the common areas and facilities or more than one unit. Service of process on 2 or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.
Source.
1965, 155:1, eff. Aug. 14, 1965.
2023 New Hampshire Revised Statutes › Title XLVIII - Conveyances and Mortgages of Realty › Chapter 479-A - Unit Ownership of Real Property › Section 479-A:27 - Personal Application.

479-A:27 Personal Application. –
All unit owners, tenants of such owners, employees of owners and tenants, or any other persons who may in any manner use property or any part thereof submitted to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws of the association of unit owners adopted pursuant to the provisions of this chapter. All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in the chapter, declaration or bylaws shall be deemed to be binding on all unit owners.
Source.
1965, 155:1, eff. Aug. 14, 1965.