Condo Media - December 2024 - 28

GARY M. DADDARIO, ESQ., CCAL
Legislative Update
[NHLAC]
2024 CAI New Hampshire
Legislative Session Report
THE CAI NEW HAMPSHIRE LEGISLATIVE ACTION COMMITTEE (NHLAC) spent the 2024
legislative session advocating on behalf of the approximately 267,000 Granite Staters living in
108,000 homes in approximately 3,000 community associations. New Hampshire's legislative
session began on Jan. 3 and adjourned June 28, 2024.
Below are highlights from the 2024 New Hampshire General Court:
HB 1129: RELATIVE TO THE
AUTHORITY TO VOTE BY PROXY
IN A CONDOMINIUM ASSOCIATION
This bill clarifi es that unit owners
may have their vote cast by another
person by designating such person a
proxy, either directed or undirected.
The bill further states that in an association
of more than 20 units,
no one unit owner may control more
than 10% of votes, while in associations
of less than 20 units, no one unit
owner may control a majority of the
votes. The NHLAC supported this bill,
as it gives associations additional fl exibility
in setting meeting procedures.
STATUS: Successfully passed;
as of this writing, awaiting
governor's signature.
HB 1172: RELATIVE TO MEETINGS
OF CONDOMINIUM BOARDS AND
COMMITTEES
This bill clarifi es the defi nition of a
board meeting to exclude informational
presentations held to obtain and
compare vendor proposals for services
including landscaping, lawn care, snow
removal, septic services, and other
day-to-day maintenance. The NHLAC
supported this bill, as it provided necessary
clarifi cations and uniformity to the
defi nition of a board meeting.
STATUS: Successfully passed;
as of this writing, awaiting
governor's signature.
28 CONDOMEDIA December 2024
HB 239: RELATIVE TO CONDOMINIUM DISCLOSURE OF FINANCIAL INFORMATION
The bill, carried over from the 2023 legislative session, would have required condominium
associations to provide access to fi nancial records within 15 days of a unit owner's request. It also
would have required associations to maintain a minimum of fi ve years' worth of fi nancial records
and an independent audit of records and books every three years. The NHLAC opposed this
legislation, due to the administrative and cost burden this
would have placed on smaller associations.
STATUS: Successfully died in committee.
HB 1306: RELATIVE TO SPECIAL ASSESSMENTS FOR
CAPITAL IMPROVEMENTS IN CONDOMINIUMS
This bill would prohibit condominium boards from imposing a special assessment for capital
improvement above 5% of budgeted expenses without the approval of unit owners. The NHLAC
opposed this bill, due to the unnecessary constraints it would place on the ability of condominium
boards to provide for the safety of residents.
STATUS: As of this writing, expected to die in committee.
HB 1357: RELATIVE TO CONDOMINIUM BOARD MEETINGS
This bill would have changed the meeting frequency required by law from once a quarter to once
a month and specifi ed that minutes taken at meetings be made available to unit owners promptly
afterwards. The NHLAC opposed this legislation, as it would have interfered with normal association
meeting procedures and created a new administrative burden, particularly for smaller associations.
STATUS: Successfully died in committee.
HB 1645: ESTABLISHING A CONDOMINIUM DISPUTE RESOLUTION BOARD
This bill would establish a dispute resolution board for condominiums, with a membership
made up of state legislators, appointees by the governor, representatives from the state bar
association, and a representative from CAI. The board could hire a mediator to resolve disputes,
and any dispute fi led would be accompanied by a $250 fi ling fee. Decisions of the board in
a dispute could be appealed by either party. The NHLAC opposed this bill, as it does not align
with CAI's Alternative Dispute Resolution public policy.
STATUS: As of this writing, expected to die in committee.
Marcus, Errico, Emmer & Brooks P.C.
Merrimack, NH
CHAIR
New Hampshire Legislative Action
Committee (NHLAC)

Condo Media - December 2024

Table of Contents for the Digital Edition of Condo Media - December 2024