Bill Text - HB442 (2009)

Relative to the review and amendment of condominium bylaws.


Revision: Jan. 20, 2009, midnight

HB 442 – AS INTRODUCED

2009 SESSION

09-0055

05/01

HOUSE BILL 442

AN ACT relative to the review and amendment of condominium bylaws.

SPONSORS: Rep. S. Harvey, Hills 21; Rep. Borden, Rock 18

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill provides that the condominium bylaws shall be reviewed at the annual meeting at least every 4 years. The bill also provides that the bylaws may be amended by a vote of the unit owners’ association.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0055

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the review and amendment of condominium bylaws.

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

1 New Paragraphs; Condominium Bylaws. Amend RSA 356-B:35 by inserting after paragraph IV the following new paragraphs:

V. Beginning January 1, 2010, and not less than once every 4 years thereafter, the bylaws and, where there are rules, the rules shall be reviewed as an agenda item at the annual meeting of the unit owners’ association to insure that the bylaws and rules, when there are rules in place, comply with current law and protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain.

VI. The bylaws and the rules may be amended by a majority vote of the unit owners’ association members in attendance at the annual meeting. Notwithstanding paragraph II, the authority to amend the bylaws shall not be delegated to the board of directors.

2 Effective Date. This act shall take effect January 1, 2010.