Condo Media - June 2015 - 46

The Region

NEW HAMPSHIRE

Conservation Measures
Assisting the Granite State With Going Green
[by Gary M. Daddario, Esq.]

As a condominium practitioner
representing associations in both
Massachusetts and New Hampshire,
I often find it interesting to compare differences in the laws of the
Commonwealth and the Granite State.
While I believe that most would readily
lean toward New Hampshire as the
state with the edge on natural resources
and beauty, in terms of their respective
condominium statutes, Massachusetts
has a provision that takes an edge in the
"green" department.
Accordingly, the New Hampshire
legislature could serve the conservation
efforts of the state by lifting a provision
of the Massachusetts Condominium
Statute and adding it to the New Hampshire Condominium Act.
In particular, M.G.L. c. 183A, §6(a)
(ii) provides that "the organization of
unit owners may assess to each owner
the direct cost of any energy conservation device installed in a unit, not
already separately metered for water
and utilities, including but not limited
to the installation of separate water
meters, low-flow toilets and showerheads, faucet aerators, windows and
storm windows ..."
As is apparent from the plain language of the statute, this provision
provides a powerful means of associations making significant conservation
efforts. Separate water meters, low-flow

toilets and showerheads, and faucet
aerators could significantly reduce
water usage in units. Quality windows
and storm windows could significantly
improve a unit's efficiency and thereby
reduce the amount of heating resources
necessary to maintain an appropriate
temperature during the winter. Afforded the same authority with respect
to such matters, the governing boards
of New Hampshire's associations could
take steps to ensure the conservation of
water and heating utilities.
Other common forms of conservation
could also provide associations with
significant reductions in utilities. For
example, energy-efficient bulbs hold
the potential to save sizable amounts of
electricity at associations. Many associations have common area lighting. For

some, such lighting may exist in large
quantities around exterior grounds.
For others, such lighting may appear
along the hallways of multiple floors
of buildings containing garden-style
units. Due to the volume of bulbs used
by many associations, the switch to
energy-efficient bulbs would likely have
a large impact. Associations might even
tangentially benefit from this change
by saving on maintenance and replacement bulb charges since many energyefficient bulbs claim to require bulb
replacement on a much less frequent
basis than traditional bulbs.
While conservation efforts are laudable, association boards contemplating
such measures should exercise caution.
The introduction of new components
to the condominium (e.g., solar panels,
rainwater runoff collection system, etc.)
could require a formal approval process,
including a vote of the community.
It is recommended that boards share
ideas in this regard with legal counsel in
a proactive manner. This will allow the
association's attorney the opportunity
to advise the board on how to properly
implement new components.
n GARY M. DADDARIO, ESQ.,
IS A PARTNER WITH THE FIRM WINER
& BENNETT, LLP.

LEGISLATIVE UPDATE

A quick New Hampshire legislative update: HB 1115 passed
and was signed by the governor. Effective Jan. 1, 2015, this
provision clarifies that a unit owner's homestead declaration
does not protect against an association's lien for unpaid
condominium assessments.

CONDOMEDIA

Condo Media - June 2015

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