Bill Text - HB1781 (2018)

Relative to condominiums with 10 or fewer residential units.

Revision: Dec. 1, 2017, 12:42 p.m.










AN ACT relative to condominiums with 10 or fewer residential units.


SPONSORS: Rep. Almy, Graf. 13; Rep. Tripp, Rock. 6; Rep. LeBrun, Hills. 32; Sen. Birdsell, Dist 19


COMMITTEE: Commerce and Consumer Affairs






This bill establishes meetings and insurance requirements for small condominiums with 10 or fewer residential units.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Eighteen


AN ACT relative to condominiums with 10 or fewer residential units.


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


1  New Paragraph; Condominium Act; Definitions; Small Condominium.  Amend RSA 356-B:3 by inserting after paragraph XXVII the following new paragraph:

XXVII-a.  “Small condominium” means a condominium created without possibility of conversion or expansion and limited to 10 or fewer residential units.

2  New Paragraph;  Meetings; Requirements for Certain Small Condominiums.  Amend RSA 356-B:37 by inserting after paragraph VI the following new paragraph:

VII.  Meetings for small condominiums shall use the following procedures:

(a)  Meetings of the unit owners' association shall be held in accordance with the provisions of the condominium instruments at least once each year after the formation of the association.  The bylaws shall specify an officer who shall, at least 21 days in advance of any annual or regularly scheduled meeting, and at least 7 days in advance of any other meeting, provide to each unit owner notice of the time, place, and purpose or purposes of such meeting.  The minimum time to give notice may be reduced or waived for a meeting called to deal with an emergency.  Purposes of the meeting shall include any budget changes or proposal to remove an officer or member of the board of directors.  The declaration or bylaws may allow for meetings of unit owners to be conducted by telephonic, video, or other conferencing process.

(b)  The secretary or other designee duly authorized by the board of directors shall take minutes of all meetings.  The board of directors shall make copies of the minutes of all meetings available to the unit owners within 60 days of the meeting or 15 days of the date such minutes are approved by the board, whichever occurs first.  The association may opt to provide the minutes electronically or publish them on the association website, in which case the owners shall be informed of the web address.  The board shall respond to a unit owner's written request for the minutes within 15 days of receipt of the request.

3  New Paragraph; Meetings of Boards of Directors; Exception for Small Condominiums.  Amend RSA 356-B:37-c by inserting after paragraph V the following new paragraph:

VI.  This section shall not apply to small condominiums governed by RSA 356-B:37, VII.

4  Executive Sessions.  Amend the introductory paragraph of RSA 356-B:37-d to read as follows:

356-B:37-d  Executive Session.  Except in small condominiums governed by RSA 356-B:37, VII, the board of directors and association committees may hold an executive session only during a regular or special meeting of the board or a committee.  No final vote or action may be taken during an executive session.  An executive session may be held only to:

5  New Paragraph; Quorum.  Amend RSA 356-B:38 by inserting after paragraph III the following new paragraph:

IV.  In the case of small condominiums, unless the condominium instruments otherwise provide, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if persons entitled to cast more than 50 percent of the votes are present at the beginning of such meeting.  This paragraph shall not apply if the condominium is comprised of time sharing interests.  If a quorum is not met for an annual meeting, the board shall reschedule the meeting within 60 days and provide proper notice and proxies.

6  Insurance Requirements.  Amend the introductory paragraph of RSA 356-B:43, I and RSA 356-B:43, I(a) to read as follows:

I.  The condominium instruments, including those for small condominiums, shall require the unit owners' association, or the board of directors or managing agent on behalf of such association, to obtain:

(a)  A master casualty policy affording fire and extended coverage in an amount equal to the full replacement value of the structures within the condominium, or of such structures that in whole or in part comprise portions of the common areas.  Any unit owner’s association that does not obtain such a master casualty policy covering common areas shall result in each unit owner equally sharing in the replacement cost to repair common areas to the extent that damage would have been covered by a policy providing fire and extended coverage;

7  Effective Date.  This act shall take effect 60 days after its passage.