HB 160 – AS INTRODUCED
HOUSE BILL 160
This bill provides that only unit owners may serve on the board of directors for a condominium 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to qualifications of condominium association board members.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Condominium Act; Contents of Bylaws. Amend RSA 356-B:35, II to read as follows:
II. The bylaws shall provide whether or not the unit owners’ association shall elect a board of directors. If there is to be such a board, the bylaws shall specify the powers and responsibilities of the same and the number and terms of its members; provided that only unit owners may serve as board members. The bylaws may delegate to such board, among other things, any of the powers and responsibilities assigned by this chapter to the unit owners’ association. The bylaws shall also specify which, if any, of its powers and responsibilities the unit owners’ association or its board may delegate to a managing agent.
2 Condominium Act; Officers. Amend RSA 356-B:40, I and II to read as follows:
If the condominium instruments provide that any officer or officers must be unit owners, then] Any [ such] officer who disposes of all of his or her units in fee and/or for a term or terms of more than one year shall be deemed [ to have] disqualified [ himself] from continuing in office [ unless the condominium instruments otherwise provide, or] unless [ he] the officer acquires or contracts to acquire another unit in the condominium under terms giving [ him] a right of occupancy thereto effective on or before the termination of his or her original right of occupancy under such disposition or dispositions.
If the condominium instruments provide] For purposes of the requirement that any officer or officers must be unit owners, then notwithstanding the provisions of RSA 356-B:12, I, the term “unit owner” in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, any director, officer, partner in, or trustee of any person which is, either alone or in conjunction with another person or persons, a unit owner. Any officer who would not be eligible to serve as such were he or she not director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself or herself from continuing in office if [ he] the person ceases to have [ any] such affiliation[ with that person], or if that person would itself have been deemed to have disqualified itself from continuing in such office under paragraph I were it a natural person holding such office.
3 Effective Date. This act shall take effect January 1, 2016.