Revision: March 8, 2022, 1:48 p.m.
Commerce
March 8, 2022
2022-1021s
08/04
Amendment to SB 324-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenant owned manufactured housing parks.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Condominium Act; Dispute Resolution Procedure. Amend RSA 356-B by inserting after paragraph VIII the following new paragraph:
VIII-a. The bylaws shall contain a dispute resolution procedure for unit owners who wish to appeal the assessment of a fine for a violation of the governing instruments or who wish to discuss an alleged failure by the governing board to abide by the governing instruments. The process shall allow the unit owner to request a meeting with the board and provide the unit owner with an opportunity to speak at said meeting. Meetings may take place via video technology. Meetings shall be scheduled within 30 days of receipt of a written request and decisions by the board shall issue within 30 days of such meeting. Board decisions issued as a result of the dispute resolution process shall be final, with the exception of the unit owner’s right to file a claim in a court of competent jurisdiction.
2 New Subdivision; Condominium Act; Dispute Resolution Procedure for Homeowners' Associations. Amend RSA 356-B by inserting after section 70 the following new subdivision:
V. Dispute Resolution Procedure for Homeowners' Associations.
356-B:71 Homeowners' Associations; Dispute Resolution. A homeowners' association shall create and adopt bylaws which contain a dispute resolution procedure for unit owners who wish to appeal the assessment of a fine for a violation of the governing instruments or who wish to address an alleged failure by the governing board to abide by the governing instruments. The process shall allow the unit owner to request a meeting with the governing board and provide the unit owner with an opportunity to speak at such meeting. The meeting may take place via video technology. The meeting shall be scheduled within 30 days of receipt of a unit owner's written request and the governing board shall issue a decision within 30 days of such meeting. The governing board's decision issued as a result of the dispute resolution process shall be final. However, an aggrieved unit owner may file an action to challenge the governing board's decision in the superior court of the county in which the unit owner resides.
3 New Section; Regulation of Tenant Owned Manufactured Housing Parks; Dispute Resolution Procedure. Amend RSA 205-A by inserting after section 13-c the following new section:
205-A:13-d Dispute Resolution Procedure. The tenants' association of a tenant-owned manufactured housing park shall create and adopt bylaws which contain a dispute resolution procedure for a tenant who wishes to appeal the assessment of a fine for a violation of the bylaws or who wish to address an alleged failure by the tenants' association to abide by the bylaws. The process shall allow the tenant to request a meeting with the tenants' association and provide the tenant with an opportunity to speak at such meeting. The meeting may take place via video technology. The meeting shall be scheduled within 30 days of receipt of a tenant's written request and the tenants' association shall issue a decision within 30 days of such meeting. The tenants' association's decision issued as a result of the dispute resolution process shall be final. However, an aggrieved tenant may file an action to challenge the tenants' association's decision in the superior court of the county in which the tenant resides.
I. Section 3 of this act shall take effect July 1, 2023.
II. The remainder of this act shall take effect January 1, 2023.
2022-1021s
AMENDED ANALYSIS
This bill provides for the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenants in manufactured housing parks.