SB415 (2018) Detail

(New Title) relative to condominium unit owners' special meetings and voting proxies.


CHAPTER 319

SB 415 - FINAL VERSION

 

02/15/2018   0510s

2May2018... 1611h

05/23/2018   1994CofC

 

2018 SESSION

18-2771

10/01

 

SENATE BILL 415

 

AN ACT relative to condominium unit owners' special meetings and voting proxies.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Morse, Dist 22; Rep. LeBrun, Hills. 32; Rep. Almy, Graf. 13; Rep. Biggie, Hills. 23; Rep. Webb, Rock. 6

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill provides that a duly noticed condominium unit owners' special meeting may be held by the unit owners to vote on any proposal in the meeting notice.  The bill also changes the proxy limitations on condominiums of 20 or fewer units.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/15/2018   0510s

2May2018... 1611h

05/23/2018   1994CofC 18-2771

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to condominium unit owners' special meetings and voting proxies.

 

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

 

319:1  Condominium Unit Owners' Meetings; Special Meetings.  Amend RSA 356-B:37, II to read as follows:

II.  An association shall hold a special meeting of unit owners to address any matter affecting the unit owners or the association if its president, a majority of the board of directors, or unit owners having at least 33 percent, or any lower percentage specified in the bylaws, of the votes in the association request that the secretary call the meeting.  If the association does not notify unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly notify all the unit owners of [an informational] the special meeting, the purpose of which shall be to present the issue to fellow residents and unit owners and to vote on any proposal set forth in the meeting notice.  Only matters described in the meeting notice required by RSA 356-B:37-a may be considered at a special meeting.

319:2  Condominiums; Voting; Proxies.  Amend RSA 356-B:39, IV(a) to read as follows:

IV.(a)  The votes appertaining to any unit may be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner, or, in cases where the unit owner is more than one person, by or on behalf of all such persons.  A person may not cast undirected proxies representing more than 10 percent of the votes in the association for a condominium of more than 20 units.  A person may not cast undirected proxies representing a majority of the votes in the association for a condominium of 20 units or fewer. The proxy or proxies shall list the name of the person who is to vote.  No such proxy shall be revocable except by actual notice to the person presiding over the meeting, by the unit owner or by any of such persons, that it be revoked.  Any proxy shall be void if it is not dated or if it purports to be revocable without the required notice.  The proxy of any person shall be void if not signed by a person having authority, at the time of the execution thereof, to execute deeds on behalf of that person.  Any proxy shall terminate automatically upon the adjournment of the first meeting held on or after the date of that proxy.  The board of directors shall deliver to the unit owners, together with their notice of meeting and agenda, proxy forms bearing a control number which the board of directors shall correlate to the list of all unit owners then entitled to vote.  At the noticed meeting, the board of directors shall recover all proxies and compare them to the control list maintained for that purpose.  Any proxies which are on a form other than that provided by the board of directors or which do not correlate with the control list maintained by the board of directors shall be disregarded for purposes of determining whether a quorum was present at the meeting and for purposes of casting any vote at that meeting; provided, however, this paragraph shall not apply if the condominium is comprised of time sharing interests.

319:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 25, 2018

Effective Date: August 24, 2018

Links

SB415 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 Senate Hearing
Feb. 15, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 17, 2018 House Exec Session
April 24, 2018 House Exec Session
House Floor Vote
May 2, 2018 House Floor Vote
May 16, 2018 House Floor Vote
May 23, 2018 House Floor Vote
May 23, 2018 Senate Floor Vote

Bill Text Revisions

SB415 Revision: 4251 Date: June 27, 2018, 8:47 a.m.
SB415 Revision: 3938 Date: May 23, 2018, 12:59 p.m.
SB415 Revision: 3651 Date: May 2, 2018, 10:46 a.m.
SB415 Revision: 3066 Date: Feb. 15, 2018, 7:50 p.m.
SB415 Revision: 2781 Date: Dec. 20, 2017, 11:57 a.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1
Jan. 30, 2018 Hearing: 01/30/2018, Room 100, SH, 01:30 pm; SC 4
Feb. 15, 2018 Committee Report: Ought to Pass with Amendment # 2018-0510s, 02/15/2018; Vote 5-0; CC; SC 7
Feb. 15, 2018 Committee Amendment # 2018-0510s, AA, VV; 02/15/2018; SJ 4
Feb. 15, 2018 Ought to Pass with Amendment 2018-0510s, MA, VV; OT3rdg; 02/15/2018; SJ 4
March 7, 2018 Introduced 03/07/2018 and referred to Commerce and Consumer Affairs HJ 7 P. 51
March 28, 2018 Public Hearing: 03/28/2018 01:45 PM LOB 302
April 3, 2018 Subcommittee Work Session: 04/03/2018 01:15 PM LOB 302
April 10, 2018 Subcommittee Work Session: 04/10/2018 01:45 PM LOB 302
April 17, 2018 Subcommittee Work Session: 04/17/2018 10:00 AM LOB 302
April 17, 2018 ==RECESSED== Executive Session: 04/17/2018 01:30 PM LOB 302
April 24, 2018 Subcommittee Work Session: 04/24/2018 10:00 AM LOB 301
April 24, 2018 ==CONTINUED== Executive Session: 04/24/2018 LOB 302
Committee Report: Ought to Pass with Amendment # 2018-1611h (NT) (Vote 18-0; CC)
May 2, 2018 Committee Report: Ought to Pass with Amendment # 2018-1611h (NT) for 05/02/2018 (Vote 18-0; CC) HC 17 P. 4
May 2, 2018 Amendment # 2018-1611h: AA VV 05/02/2018
May 2, 2018 Ought to Pass with Amendment 1611h: MA VV 05/02/2018
May 10, 2018 Sen. Innis Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/10/2018; SJ 17
May 10, 2018 President Appoints: Senators Innis, Birdsell, Lasky; 05/10/2018; SJ 17
May 10, 2018 House Accedes to Senate Request for CofC (Rep. Hunt): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. Hunt, Williams, Sanborn, Panasiti 05/10/2018
May 15, 2018 Committee of Conference Meeting: 05/15/2018, 11:00 am, Room 100, SH
May 16, 2018 Conference Committee Report # 2018-1994c Filed 05/16/2018; As Amended by the House
May 23, 2018 Conference Committee Report 1994c: Adopted, VV 05/23/2018
May 23, 2018 Conference Committee Report # 2018-1994c, Adopted, VV; 05/23/2018; SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0319; Effective 08/24/2018 SC 27
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0319; Effective 08/24/2018