1 New Paragraphs; Homeowners' Associations; Transparency. Amend RSA 292:8-m by inserting after paragraph II the following new paragraphs:

III.(a) Homeowners' associations established under this chapter shall retain the following:

(1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records;

(2) Minutes of all meetings of its shareholders or members and board of directors other than executive sessions, a record of all actions taken by the shareholders or members or board of directors without a meeting, and a record of all actions taken by a committee in place of the board of directors on behalf of the association;

(3) The names of shareholders or members in a form that permits preparation of a list of the names of all shareholders or members and the addresses at which the association communicates with them, in alphabetical order showing the number of votes each shareholder or member is entitled to cast;

(4) Its original and any restated or amended organizational documents required under this chapter, original and any amended land plats or maps, and all rules currently in effect;

(5) All financial statements and tax returns of the association for the past 3 years;

(6) A list of the names and addresses of its current board of directors members and officers;

(7) Its most recent annual report delivered to the secretary of state, if any;

(8) Financial and other records sufficiently detailed to enable the association to comply with other requirements of law;

(9) Copies of current contracts to which it is a party;

(10) Records of board of directors or committee actions to approve or deny any requests for design or architectural approval from shareholders or members; and

(11) Ballots, proxies, and other records related to voting by shareholders or members for one year after the election, action, or vote to which they relate.

(b) Subject to subparagraphs (c) and (d), all records retained by the homeowners' associations established under this chapter shall be available for examination and copying by a shareholder or member or the shareholder's authorized agent or the member's authorized agent:

(1) During reasonable business hours or at a mutually convenient time and location; and

(2) Upon 5 days' notice in a record reasonably identifying the specific records of the association requested.

(c) Records retained by an association may be withheld from inspection and copying to the extent that they concern:

(1) Personnel, salary, and medical records relating to specific individuals;

(2) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated;

(3) Existing or potential litigation or mediation, arbitration, or administrative proceedings;

(4) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a government tribunal for enforcement of the declaration, bylaws, or rules;

(5) Communications with the association's attorney that are protected by the attorney-client privilege or the attorney work-product doctrine;

(6) Information the disclosure of which would violate federal or state law;

(7) Records of an executive session of the board of directors; or

(8) Individual shareholder or member account records other than those of the requesting owner.

(d) A homeowners' association may charge a reasonable fee for providing copies of any records under this section; provided, that such fee may not exceed the charge for copying a governmental record as provided for in RSA 91-A:4, IV(d).

(e) A right to copy records under this paragraph includes the right to receive copies by photocopying or other means, including copies through electronic transmission, if available, upon request by the shareholder or member.

(f) A homeowners' association shall not be required to compile or synthesize information.

(g) Information provided pursuant to this paragraph shall not be used for commercial purposes.

IV. The board of directors and association committees of homeowners' associations established under this chapter may hold an executive session only during a regular or special meeting of the board or committee. No final vote or action shall be taken during an executive session. An executive session may be held only for the following purposes:

(a) To consult with the association's attorney.

(b) To discuss existing or potential litigation or mediation, arbitration, or administrative proceedings.

(c) To discuss labor or personnel matters.

(d) To discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if the board of directors or committee determines that premature general knowledge of those matters would place the association at a disadvantage or that public knowledge would violate the privacy of any person.

V. The provisions of paragraphs III and IV in this section shall be administered and enforced by the consumer protection and antitrust bureau, department of justice, established in RSA 21-M:9.

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

1 New Paragraphs; Homeowners' Associations; Transparency. Amend RSA 292:8-m by inserting after paragraph II the following new paragraphs:

III.(a) Homeowners' associations established under this chapter shall retain the following:

(1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records;

(2) Minutes of all meetings of its shareholders or members and board of directors other than executive sessions, a record of all actions taken by the shareholders or members or board of directors without a meeting, and a record of all actions taken by a committee in place of the board of directors on behalf of the association;

(3) The names of shareholders or members in a form that permits preparation of a list of the names of all shareholders or members and the addresses at which the association communicates with them, in alphabetical order showing the number of votes each shareholder or member is entitled to cast;

(4) Its original and any restated or amended organizational documents required under this chapter, original and any amended land plats or maps, and all rules currently in effect;

(5) All financial statements and tax returns of the association for the past 3 years;

(6) A list of the names and addresses of its current board of directors members and officers;

(7) Its most recent annual report delivered to the secretary of state, if any;

(8) Financial and other records sufficiently detailed to enable the association to comply with other requirements of law;

(9) Copies of current contracts to which it is a party;

(10) Records of board of directors or committee actions to approve or deny any requests for design or architectural approval from shareholders or members; and

(11) Ballots, proxies, and other records related to voting by shareholders or members for one year after the election, action, or vote to which they relate.

(b) Subject to subparagraphs (c) and (d), all records retained by the homeowners' associations established under this chapter shall be available for examination and copying by a shareholder or member or the shareholder's authorized agent or the member's authorized agent:

(1) During reasonable business hours or at a mutually convenient time and location; and

(2) Upon 5 days' notice in a record reasonably identifying the specific records of the association requested.

(c) Records retained by an association may be withheld from inspection and copying to the extent that they concern:

(1) Personnel, salary, and medical records relating to specific individuals;

(2) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated;

(3) Existing or potential litigation or mediation, arbitration, or administrative proceedings;

(4) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a government tribunal for enforcement of the declaration, bylaws, or rules;

(5) Communications with the association's attorney that are protected by the attorney-client privilege or the attorney work-product doctrine;

(6) Information the disclosure of which would violate federal or state law;

(7) Records of an executive session of the board of directors; or

(8) Individual shareholder or member account records other than those of the requesting owner.

(d) A homeowners' association may charge a reasonable fee for providing copies of any records under this section; provided, that such fee may not exceed the charge for copying a governmental record as provided for in RSA 91-A:4, IV(d).

(e) A right to copy records under this paragraph includes the right to receive copies by photocopying or other means, including copies through electronic transmission, if available, upon request by the shareholder or member.

(f) A homeowners' association shall not be required to compile or synthesize information.

(g) Information provided pursuant to this paragraph shall not be used for commercial purposes.

IV. The board of directors and association committees of homeowners' associations established under this chapter may hold an executive session only during a regular or special meeting of the board or committee. No final vote or action shall be taken during an executive session. An executive session may be held only for the following purposes:

(a) To consult with the association's attorney.

(b) To discuss existing or potential litigation or mediation, arbitration, or administrative proceedings.

(c) To discuss labor or personnel matters.

(d) To discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if the board of directors or committee determines that premature general knowledge of those matters would place the association at a disadvantage or that public knowledge would violate the privacy of any person.

V. The provisions of paragraphs III and IV in this section shall be administered and enforced by the consumer protection and antitrust bureau, department of justice, established in RSA 21-M:9.

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