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Changes to the NH Condominium Act are Significant

Recent amendments to the NH Condominium act are worth reviewing

In recent years the New Hampshire Legislature has made numerous changes to the governance provisions of the New Hampshire Condominium Act (RSA Chapter 356-B). On the surface, many of the changes may not seem significant to many condominium associations, but several of the changes are material. For instance:

• Condominium Boards of Directors must now meet at least quarterly every year.
• Notices of all Board meetings and handouts must be sent to all Unit Owners prior to each Board meeting.
• Unit Owners must be given the opportunity to speak about Association issues at every quarterly Board meeting.
• The Unit Owners can reject the annual budget that is adopted by the Board.
• The Unit Owners may remove elected Board members and officers from the office with or without cause.
• Unit Owners may schedule and hold a Unit Owners meeting even if the Board and officers refuse to do so.
• Unit Owners may vote by proxy at all meetings.
• Unit Owners may vote on Association matters without holding an in-person meeting.

To ensure that future actions by the condominium association cannot be challenged or overturned, condo associations should periodically review and update their documents so that they comply with the Condominium Act.

The attorneys of the Real Estate Group at Sulloway & Hollis are here to assist if you have questions regarding these changes or would like to have us review your documents and recommend necessary changes to comply with the Condominium Act. To discuss, please call us at (603) 223-2800 or send an email to Info@sulloway.com.