New Hampshire Administrative Code

(a) Upon discovery by the bureau that an overpayment has been made, the bureau shall, as soon thereafter as is practicable, cause to be returned to the applicant the amount of the overpayment. (b) No refund shall be due if an application is: (1) Rejected by the bureau; or (2) Wit…

The amount of the fee that shall accompany an application for exemption shall be $200. Notes N.H. Admin. Code § Jus 1402.04 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12910, Ef…

Any application, request, report, or supporting documents related thereto filed with the bureau for registration under, exemption from, or as required by any provision of RSA 356-B or these rules may be submitted in an electronic form or in paper form. Notes N.H. Admin. Code § Ju…

Jus 1403.02 shall not apply to any recording of floor plans recorded prior to January 21, 1986, nor shall Jus 1403.02 invalidate the creation of any condominium or unit that occurred prior to January 21, 1986. Notes N.H. Admin. Code § Jus 1403.01 (See Revision Note at chapter hea…

No floor plans of any structure which, when constructed, shall contain or constitute all or a part of any unit or units, and which is located or to be located on any portion of the submitted land other than within the boundaries of any convertible lands, shall be recorded until s…

Jus 1403.02 shall not be construed to prohibit the preliminary recordation of floor plans as contemplated by RSA 356-B:21. Notes N.H. Admin. Code § Jus 1403.03 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed Novemb…

(a) If, for the purpose of applying deposits to the construction of a condominium, a declarant elects to deliver any deposits to the person providing construction financing, the following requirements shall apply: (1) The person applying deposits to construction shall be an insti…

Every declarant shall keep a copy of each document and all written information submitted to the bureau in connection with any notice or application for exemption ultimately granted until January 31 of the calendar year following the year in which all units in the condominium shal…

(a) Pursuant to RSA 356-B:49, III, the bureau shall exempt a condominium from the registration and annual reporting requirements of RSA 356-B:50, I, and RSA 356-B:51-55 if the following conditions are met: (1) The total number of units in the condominium shall not exceed 25, incl…

(a) A declarant requesting an exemption from registration pursuant to Jus 1404.02 shall complete the "Application for 25 Unit Exemption" Form CPLC121, (August, 2019) and shall file the application at the offices of the bureau. (b) An applicant filing an application for exemption …

The application shall be accompanied by a non-refundable fee in the amount of $200. Notes N.H. Admin. Code § Jus 1404.04 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12910, Effec…

Attorneys submitting the certification required by Jus 1404.02(a)(9) shall be licensed to practice law in the State of New Hampshire. Notes N.H. Admin. Code § Jus 1404.05 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, F…

(a) Upon filing a complete application under Jus 1404.03, the declarant may commence offering non-binding reservation agreements for units in the condominium. (b) No closing or settlement conveying a unit shall take place prior to the time an exemption has been granted or the con…

(a) Pursuant to RSA 356-B:49, III, the bureau shall exempt from the registration and annual reporting requirements of RSA 356-B:50, I, and RSA 356-B:51-55, a condominium having more than 10 units, if not more than 10 of the units are intended for residential use. (b) The exemptio…

(a) A declarant requesting exemption from registration pursuant to Jus 1404.07 shall complete the "Application for 10 Residential Unit Exemption" Form CPLC122, (August, 2019) and shall file the application at the offices of the bureau. (b) An applicant filing an application for e…

The application, Form CPLC122 (August, 2019), shall be accompanied by a non-refundable fee in the amount of $200s. Notes N.H. Admin. Code § Jus 1404.09 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2…

The time periods and procedures provided by Jus 1404.14(d) through (f) shall govern applications made pursuant to Jus 1404.03 or Jus 1404.08. Notes N.H. Admin. Code § Jus 1404.10 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Numb…

Pursuant to RSA 356:B-49, III, the bureau shall exempt any condominium from the registration and annual reporting requirements of RSA 356-B:50, I, and RSA 356-B:51-55 if it finds that such registration and annual reports are not necessary in the public interest and for the protec…

The provisions of Jus 1404.14 shall govern application procedures under Jus 1404.11. Notes N.H. Admin. Code § Jus 1404.12 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12910, Effe…

(a) Exemption from the registration requirements of RSA 356-B shall be evidenced by a certificate issued by the bureau to the declarant. (b) The exemption shall authorize the offer or disposition of only those units, or interests in units, identified in the certificate. (c) The e…

(a) Except for applications for exemption otherwise provided for by these rules, an application for exemption from any of the provisions of RSA 356-B shall be made by written letter submitted to the offices of the bureau. The letter shall be captioned CPLC120/EXEMPTION REQUEST. A…

(a) If, subsequent to the issuance of an exemption from registration, or other exemption, the bureau has reasonable grounds to believe that exemption in the particular case is not in the public interest, the bureau shall, upon notice and opportunity for hearing as provided by Jus…

(a) The exemptions from registration and annual reporting provided by Jus 1404.02, Jus 1404.07, and Jus 1404.11 shall not be available for any condominium in which the declarant has conveyed any legal or equitable interest in any parcel, lot, unit, or interest by means of a deed …

(a) A declarant may dispose of some or all units or interests in a condominium otherwise subject to registration or exemption under RSA 356-B prior to registration or exemption of said units or interests under any other provision of these rules to persons who will further develop…

(a) Upon receipt of an application for exemption pursuant to Jus 1404.02 or 1404.07 that is not in proper form, including but not limited to an incomplete application or an application made on an incorrect form, the bureau shall return the application to the applicant. However, i…

(a) The exemption from registration of condominiums in which all units are restricted to non-residential use provided in RSA 356-B:49, I(b) shall not apply to any condominium as to which there is a substantial possibility that a unit therein, other than a unit owned by the declar…

Every declarant shall keep a copy of each document and all written information submitted to the bureau in connection with any application for exemption ultimately granted until January 31 of the calendar year following the year in which all units in the condominium shall have bee…

(a) Every declarant applying for registration of a condominium of more than 25 units shall complete the "Comprehensive Application for Registration" Form CPLC100, (August, 2019) and shall file the application at the offices of the bureau. (b) Application shall be made on Form CPL…

(a) Each principal shall complete the "Principal's Background Statement" Form CPLC170 (August, 2019) except that, any institutional lender which holds title to a condominium or any unit therein by foreclosure or pursuant to foreclosure deed or deed in lieu thereof shall provide s…

(a) Improvements shall be depicted on site plans filed with the application for registration exactly as the declarant has depicted or intends to depict them on the recorded site plans and "(NOT YET COMPLETED)" and "(NOT YET BEGUN)" labels shall be used with respect to such improv…

(a) The certification of a site plan or floor plan required by RSA 356-B:20, I or II shall be signed by the appropriate person and can be made: (1) On the plan itself; (2) On a label to be affixed to the plan; or (3) On a separate certificate that identifies the plan to which it …

(a) Financial information required by these rules shall consist of evidence of the declarant's ability to complete all proposed improvements to be located on the submitted land other than within the boundaries of the convertible land. (b) Evidence required pursuant to (a) above s…

Information related to development and marketing costs required by Jus 1405.07 shall include expenditures and good faith estimates of projected costs of: (a) Land acquisition; (b) Construction; (c) Marketing; (d) Advertising; (e) Sales; (f) Interest owed; and (g) Any other costs …

(a) The plan of financing required by Jus 1405.07 shall include, at a minimum, a narrative description identifying all sources and amounts of financing of all promised improvements. (b) In addition, the plan of financing shall include a good faith narrative or graphic cash flow p…

(a) Evidence of financing commitments required by Jus 1405.07 shall include, at a minimum: (1) A copy of a written, signed, commitment from an institutional lender to advance construction funds to the declarant, sufficient to complete all promised improvements, or, to the extent …

(a) The financial statements required by Jus 1405.07 shall be the declarant's financial statements for the last full fiscal year. These statements shall be prepared in accordance with generally accepted accounting principles and shall be certified or reviewed by an independent li…

(a) Declarants shall use a contract for the purchase or lease which includes: (1) Express notice of the purchaser's 5 day right to cancel, as prescribed by RSA 356-B:50, II; (2) The name and address of the escrow agent designated to carry out the provisions of RSA 356-B:57; and (…

The bylaws of the unit owners' association shall contain, in addition to all other statutory requirements, a section which sets forth the resale rights of the purchaser provided by RSA 356-B:58. Notes N.H. Admin. Code § Jus 1405.13 (See Revision Note at chapter heading for Jus 14…

(a) Every declarant applying for the initial registration of a condominium of more than 10 units, but no more than 25 units, shall complete the "Abbreviated Application for Registration" Form CPLC110, (August, 2019), and shall file the application at the offices of the bureau. (b…

(a) Upon receipt of a comprehensive or abbreviated application for registration that is not in proper form, including, but not limited to, an incomplete application or an application made on an incorrect form, the bureau shall return the application to the applicant. However, if …

(a) This section shall apply only to those condominiums in which some units have already been registered. (b) Application for registration of units which have not been previously registered, hereinafter referred to as additional unit shall be made either by: (1) Completing and fi…

An application for registration of additional units shall be accompanied by a fee in the amount of $200 or $30 for each unit for which registration is sought, whichever is greater, provided, however, that no more than $2,000 shall be submitted with the application. Notes N.H. Adm…

(a) Registration of units in a condominium shall be evidenced by a certificate issued by the bureau to the declarant. (b) The registration shall authorize the offer or disposition of only those units, or interests in units, identified in the certificate. (c) The registration shal…

(a) If the condominium instruments recorded differ from the condominium instruments filed with the bureau in any way not covered by (c) below, the declarant shall: (1) Forward to the bureau a copy of each of the pages in the instrument that are different; and (2) Highlight the ch…

(a) Pursuant to RSA 356-B:55, the annual report filed on or before April 1 of each year following the date of the original registration shall be filed with the "Annual Report" Form CPLC200, (August, 2019). (b) The report shall be accurate as of the date that the report is made ou…

(a) Notification to the bureau of proposed material changes in the plan of disposition or development of a condominium shall be in writing. (b) No such change may be made unless and until the bureau has given its affirmative written approval of the change based upon the declarant…

(a) Any person who comes to stand in the same relation to the condominium as the original declarant shall complete a separate application and file it with the bureau for registration as a successor declarant. (b) Every successor declarant shall complete Form CPLC100 (August, 2019…