HB 464 – AS INTRODUCED
2013 SESSION
05/03
HOUSE BILL 464
AN ACT establishing a procedure for removal of condominium board members.
SPONSORS: Rep. LeBrun, Hills 32
COMMITTEE: Commerce and Consumer Affairs
This bill establishes a procedure for removal of a condominium board member 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0781
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing a procedure for removal of condominium board members.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Condominium Act; Removal of Board Member. Amend RSA 356-B:40 by inserting after 40-a the following new section:
356-B:40-b Board Members; Procedure for Removal.
I. Notwithstanding any provision of the declaration or bylaws to the contrary, by a majority vote of persons entitled to vote and voting on the matter at a special meeting of the unit owners association, the unit owners may remove a member of the board of directors, with or without cause, other than a member appointed by the declarant.
II. Upon receipt of a petition that calls for removal of a member of the board of directors that is signed by either the number of persons who are entitled to cast at least 25 percent of the votes in the association or 100 votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as provided in RSA 356-B:37.
III. The special meeting shall be called, noticed, and held within 30 days after receipt of the petition.
IV. For purposes of a special meeting called pursuant to this section, a quorum as provided in RSA 356-B:38 shall be required.
V. A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.
2 Effective Date. This act shall take effect January 1, 2014.