Title XXXI, Trade and Commerce

The establishment, maintenance or use of monopoly power, or any attempt to establish, maintain or use monopoly power over trade or commerce for the purpose of affecting competition or controlling, fixing or maintaining prices is unlawful.

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…

Unless the subdivided lands or the transaction is exempted by RSA 356-A:3: I. No subdivider may offer or dispose of any lot, parcel, unit or interest in subdivided lands located in this state, nor offer or dispose in this state of any lot, parcel, unit or interest in subdivided l…

A person who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. When the offense consists of a combination to control the price or supply, or to prevent competition…

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.

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…

Notwithstanding the provisions of RSA 356:4: I. The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which the …

In any action brought pursuant to RSA 356:4-a the superior court may assess, for the benefit of the state, a civil penalty of not more than $25,000 for each violation of any provision of this chapter. The superior court may also grant mandatory injunctions reasonably necessary to…

The state, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter may recover the actual damages sustained and the costs of the suit including reasonable attorney's fees. The state, political subdivision,…

I. Institution of an action under RSA 356:4-a to assess a civil penalty against a person shall preclude the institution of criminal proceedings under RSA 356:4 against that person for the conduct alleged in the civil action. II. Institution of criminal prosecution against a perso…

I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 or 3 shall be prima facie evidence against such defendant in any action or proceeding brought by any other par…

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…

I. (a) The unit owners' association shall have a lien on every condominium unit for unpaid assessments levied against that condominium unit in accordance with the provisions of this chapter and all lawful provisions of the condominium instruments, if perfected as hereinafter prov…

On and after January 1, 1998: I. If a unit owner fails to pay the common expenses assessed to the unit by the unit owners' association within 60 days of the date it was due, the unit owners association may, as a separate and additional remedy, subject to the existing rights of a …

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 r…

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 consis…

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.

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 25 units are included in the condominium; provided, how…

A complaint or indictment under this chapter shall proceed to judgment according to the regular course of criminal proceedings. It shall be otherwise disposed of only upon motion in writing stating specifically the reasons therefor and verified by affidavit if facts are relied on…

No zoning or other land use ordinance shall prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently by any zoning or other land use ordinance which would permit a physically identical project or devel…

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 do…