Condo Media - May 2023 - 41

New Hampshire Condominium Act -
in particular, RSA 356-B:15 - and the
condominium's governing documents,
the unit owner was required to pay the
association's attorneys' fees, which
amounted to just under $13,000.
The unit owner next appealed the
Superior Court decision to the New
Hampshire Supreme Court. In the
Supreme Court pleadings, the unit
owner not only continued the prior
allegations, but also added allegations
against the Superior Court judge.
Over 700 pages of documents were
fi led. The association responded with
a detailed appeal brief as well.
The New Hampshire Supreme
Court agreed with the association and
upheld the prior decision. The court
determined that the association was
entitled to recover its attorneys' fees
incurred not only in connection with
the Superior Court proceeding but also
in the appeal. The court determined
all the fees charged by the association's
attorneys during the appeal, amounting
to over $33,000, were reasonable, and
ordered the unit owner to pay them.
Accordingly, altogether the unit owner
was ordered to pay more than $45,000
to the association for its attorneys' fees,
in addition to the fi nes plus interest.
To state the obvious, the attorneys'
fees awarded to the association
far eclipse the amount of the fi nes
imposed against the unit owner due
to the tenants' misconduct. Had the
owner just paid the fi nes, he would
have avoided being ordered to pay 30
times more than the fi nes to reimburse
the association for its attorneys' fees.
The result in this case emphasizes the
importance and strength of a condominium
association's authority under
New Hampshire law to take legal
action to collect unpaid fees and fi nes,
and the court's decision sends a fi rm
warning to recalcitrant unit owners
who refuse to pay properly assessed
condominium fees and fi nes.
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Again, the case provides a clear lesson
to those who have chosen to live in communities
with restrictions. In the fi rst
instance, simply comply with the restrictions.
If, however, a legitimate violation
is enforced by the association, it is best to
remedy the situation and move on.
Though this might cause you to end
with a chuckle, the fact of the matter
(no joke involved) is that, as of the
time of this writing, the unit owner has
submitted for review of this case by the
United States Supreme Court. This was
done even after the New Hampshire
Court was requested to reconsider the
case and denied the motion.
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ESQ. AND GARY M.
DADDARIO, ESQ.,
CCAL ARE PARTNERS
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sdyer@allianceassociationbank.com
May 2023 CONDOMEDIA 41
Condo Media - May 2023

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