CHAPTER 131
HB 158 – FINAL VERSION
11Mar2015… 0049h
6May2015… 1592EBA
2015 SESSION
05/09
HOUSE BILL 158
AN ACT requiring the managing agent to return the records of a condominium association upon the request of the association.
SPONSORS: Rep. Infantine, Hills 13
COMMITTEE: Commerce and Consumer Affairs
This bill requires the managing agent to return the records of a condominium association upon the request of the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0049h
6May2015… 1592EBA
15-0502
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT requiring the managing agent to return the records of a condominium association upon the request of the association.
Be it Enacted by the Senate and House of Representatives in General Court convened:
131:1 New Section; Return of Unit Owners’ Association Records From Managing Agent. Amend RSA?356-B by inserting after section 40-a the following new section:
356-B:40-b Unit Owners’ Association Records. Upon written request from the unit owners’ association, its board of directors, the president of the association, or the association’s attorney to the managing agent, sent by first class mail, facsimile, or electronically, the managing agent shall, irrespective of any language to the contrary in any management contract, return to the board of directors, president, or the association’s attorney, any and all association records held by the managing agent within 30 days from the date of the request for such records. The managing agent shall have the right, at its own expense, to copy any and all association records it wishes to keep for its own records but shall comply with the requirement of returning all records to the association within the 30-day period. If the managing agent fails to return all association records within the 30-day period and the association institutes a lawsuit for purposes of recovering the association’s records, then any judgment or order in favor of the association shall include the association’s reasonable legal fees and costs as determined by the court.
131:2 Effective Date. This act shall take effect January 1, 2016.
Approved: June 12, 2015
Effective Date: January 1, 2016