HB1606 (2014) Detail

Relative to assignment of legal costs in suits between condominium associations and condominium members.


HB 1606 – VERSION ADOPTED BY BOTH BODIES

2014 SESSION

14-2838

05/03

HOUSE BILL 1606

AN ACT relative to assignment of legal costs in suits between condominium associations and condominium members.

SPONSORS: Rep. Almy, Graf 13; Rep. LeBrun, Hills 32; Rep. K. Williams, Hills 4; Sen.?Cataldo, Dist 6

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill clarifies that the board of directors is required to comply with the condominium act and all provisions of the condominium instruments. The bill also provides that the prevailing party is entitled to costs and attorneys’ fees in a dispute between unit owners and the unit owners’ association.

This bill is a request of the committee to study laws relating to condominium and homeowners’ associations established in RSA 356-B:70.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2838

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to assignment of legal costs in suits between condominium associations and condominium members.

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

1 Compliance with Condominium Instruments. Amend RSA 356-B:15 to read as follows:

356-B:15 Compliance With Condominium Instruments.

I. The declarant, the board of directors, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments. Any lack of such compliance shall be grounds for an action or suit to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the unit owners’ association, or by its board of directors or any managing agent on behalf of such association, or, in any proper case, by one or more aggrieved unit owners on their own behalf or as a class action.

II. The [unit owners’ association] prevailing party shall be entitled to all costs and attorneys’ fees incurred in any proceeding under RSA 356-B:15, I.

2 Effective Date. This act shall take effect January 1, 2015.