Bill Text - HB1188 (2006)

Relative to notice before entry into a condominium unit.


Revision: Jan. 21, 2010, midnight

CHAPTER 56

HB 1188 – FINAL VERSION

07Mar2006… 0981h

2006 SESSION

06-2327

06/10

HOUSE BILL 1188

AN ACT relative to notice before entry into a condominium unit.

SPONSORS: Rep. Bouchard, Merr 11

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill gives condominium unit owners the right to notice before the owners’ association, its agents, or its employees may enter a unit other than for emergency purposes.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 0981h

06-2327

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to notice before entry into a condominium unit.

Be it Enacted by the Senate and House of Representatives in General Court convened:

56:1 Upkeep of the Condominium; Warranty Against Structural Defects; Privacy. Amend RSA 356-B:41, I to read as follows:

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 areas, and (b) to the individual unit owner in the case of any unit or any part thereof. [Each unit owner shall afford to the unit owners’ association and to any of its agents or employees such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities.]

I-a. No unit owners’ association, its agents, or its employees shall willfully enter into the unit of a unit owner without providing prior notice to the owner, other than for emergency purposes.

I-b. No unit owner, tenant, or other person occupying a condominium unit shall willfully refuse the unit owners’ association, its agents, or its employees access through a condominium unit as is necessary to enable them to exercise and discharge their respective powers and responsibilities at a reasonable time after notice which is adequate under the circumstances. But to the extent that damage is inflicted on the common areas or any unit through which access is taken, the unit owner causing the same, or the unit owners’ association if it caused the same, shall be liable for the prompt repair thereof.

56:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 24, 2006

Effective: June 23, 2006

None