Title XXXI, Trade and Commerce

The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this chapter as to the content of one shall be deemed satisfied if the deficiency can be cured by reference to any of the others. In the ev…

I. All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be voided. II. No provision of the condominium instruments shall be deemed void by reason of the rule against perpetuities. III. No restraint on alienation shall d…

I. The declarant, the board of directors, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments. Any lack of such compliance shall be grounds for an action or suit to rec…

I. The declaration for every condominium shall contain the following: (a) The name of the condominium, which name shall include the word "condominium" or be followed by the words "a condominium"; (b) The name of the town or city and county in which the condominium is located; (c)…

I. The declaration may allocate to each unit depicted on site plans and floor plans that comply with RSA 356-B:20, I and II an undivided interest in the common areas proportionate to either the size or value of each unit. II. Otherwise, the declaration shall allocate to each such…

I. If a condominium contains any convertible land or is an expandable condominium, then the declaration shall not allocate undivided interests in the common areas on the basis of value unless the declaration: (a) Prohibits the creation of any units not substantially identical to …

I. All assignments and reassignments of limited common areas shall be reflected by the condominium instruments. No limited common area shall be assigned or reassigned except in accordance with this chapter. No amendment to any condominium instrument shall alter any rights or obli…

I. This chapter shall apply to all condominiums and to all condominium projects. This chapter shall be deemed to supersede RSA 479-A, the New Hampshire Unit Ownership of Real Property Act; and no condominium shall be established under the latter on or after September 10, 1977. Th…

I. There shall be recorded simultaneously with the declaration one or more site plans of survey showing the location and dimensions of the submitted land, the location and dimensions of any convertible lands within the submitted land, the location and dimensions of any existing i…

Floor plans previously recorded pursuant to the provisions set forth in RSA 356-B:16, II and III may be used in lieu of new floor plans to satisfy in whole or in part the requirements of RSA 356-B:18, II, RSA 356-B:23, II and/or RSA 356-B:25 if certifications thereof are recorded…

To the extent that any unit or common area encroaches on any other unit or common area, whether by reason of any deviation from the site plans and floor plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reason of the settling or …

I. The declarant may convert all or any portion of any convertible land into one or more units or limited common areas, or both, subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the …

I. The declarant may convert all or any portion of any convertible space into one or more units or common areas, or both, including, without limitation, limited common areas, subject to any restrictions and limitations which the condominium instruments may specify. Any such conve…

No condominium shall be expanded except in accordance with the provisions of the declaration and of this chapter. Any such expansion shall be deemed to have occurred at the time of the recordation of site plans and floor plans pursuant to RSA 356-B:20, III, together with an amend…

No condominium shall be contracted except in accordance with the provisions of the declaration and of this chapter. Any such contraction shall be deemed to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a leg…

Subject to any restrictions and limitations the condominium instruments may specify, the declarant shall have a transferable easement over and on the common areas for the purpose of making improvements on the submitted land and any additional land pursuant to the provisions of th…

The declarant and his duly authorized agents, representatives, and employees may maintain sales offices or model units, or both, on the submitted land if and only if the condominium instruments provide for the same and specify the rights of the declarant with regard to the number…

I. No covenants, restrictions, limitations, or other representations or commitments in the condominium instruments with regard to anything that is or is not to be done on the additional land, the withdrawable land, or any portion of either, shall be binding as to any portion of e…

In this chapter: I. "Board of directors" means an executive and administrative entity, by whatever name denominated, designated in the condominium instruments as the governing body of the unit owners' association. II. "Common area" or "common areas" means all portions of the cond…

I. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, any unit owner may make any improvements or alterations within his unit that do not impair the structural integrity of any structure or otherwise …

I. If the condominium instruments expressly permit the relocation of boundaries between adjoining units, then the boundaries between such units may be relocated in accordance with (a) the provisions of this section and (b) any restrictions and limitations not otherwise unlawful w…

I. If the condominium instruments expressly permit the subdivision of any units, then such units may be subdivided in accordance with (a) the provisions of this section and (b) any restrictions and limitations not otherwise unlawful which the condominium instruments may specify. …

If there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium or amend the condominium instruments, and any such termination or amendment shall become effective upon the recordation thereof if the same has been executed by the declar…

I. If there is any unit owner other than the declarant, then the condominium shall be terminated only by the agreement of unit owners of units to which 4/5 of the votes in the unit owners' association appertain, or such larger majority as the condominium instruments may specify. …

Notwithstanding the provisions of RSA 356-B:34, a condominium shall be deemed to have been terminated if it is terminated in accordance with the following provisions: I. A condominium containing 50 or more residential units may be terminated and divided into separate and smaller …

I. There shall be recorded simultaneously with the declaration a set of bylaws providing for the self-government of the condominium by an association of all the unit owners. The unit owners' association may be incorporated. II. The bylaws shall provide the means by which the asso…

I. The condominium instruments may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the declarant, to appoint and remove some or all of the officers of the unit owners' association or its board of directors, or both, or to…

I. Meetings of the unit owners' association shall be held in accordance with the provisions of the condominium instruments at least once each year after the formation of the association. The bylaws shall specify an officer who shall, at least 21 days in advance of any annual or r…

An association shall deliver any notice required to be given by the association under this chapter to any mailing or electronic mail address a unit owner designates. If the unit owner does not designate an address, the association shall deliver notices by hand delivery, United St…

When the declaration or bylaws provides, the association, committees thereof, and the board of directors may meet by telephonic, video, or other conferencing process, provided that the requirements of RSA 356-B:37-c are also met.

The following requirements apply to meetings of the board of directors and committees of the association authorized to act for the association: I. For purposes of this section, a gathering of board members at which the board members do not conduct association business is not a me…

Except in small condominiums governed by RSA 356-B:37, VII, the board of directors and association committees may hold an executive session only during a regular or special meeting of the board or a committee. No final vote or action may be taken during an executive session. An e…

I. Financial information shall be presented on a profit and loss statement and shall be available to the unit owners 30 days prior to the annual meeting. The format of the profit and loss statement shall remain constant from year to year. It shall include specification of all rev…

I. Unless the condominium instruments otherwise provide, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if persons entitled to cast more than 33 1/3 percent of the votes are present at the beginning of such meeting. T…

I. The bylaws may allocate to each unit depicted on site plans and floor plans that comply with RSA 356-B:20, I and II, a number of votes in the unit owners' association proportionate to the undivided interest in the common areas appertaining to each such unit. II. Otherwise, the…

Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply: I. The association shall notify the unit owners, in the manner prescribed by RSA 356-B:37-a, that the vote will be take…

Each condominium unit shall constitute for all purposes a separate parcel of real property, distinct from all other condominium units. If there is any unit or units owned by any person other than the declarant, each such unit or units shall be subject to separate assessment and t…

I. Except as provided in the declaration, the bylaws, paragraph II, or other provisions of this chapter, the board of directors acts on behalf of the association. In the performance of their duties, officers and members of the board of directors appointed by the declarant shall e…

I. If the unit owners' association or the board of directors has delegated certain powers and duties to a managing agent, the managing agent shall disclose any referral fees received from contract work performed on behalf of the association to the board of directors prior to the …

I. Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person or by proxy at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, wit…

I. The board of directors, at least annually, shall adopt a proposed budget for the unit owners' association for consideration by the unit owners. Not later than 30 days after adoption of a proposed budget, the board of directors shall provide to all the unit owners a summary of …

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 ar…

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 a…

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…

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 distribu…

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 limit…