New Hampshire Revised Statutes 356-B:34 – Termination of Condominium or Amendment of Instruments After Conveyance of Unit
Current as of: 2023 | Check for updates
|
Other versions
I. If there is any unit owner other than the declarant, then the condominium shall be terminated only by the agreement of unit owners of units to which
4/5 of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify.
II. If there is any unit owner other than the declarant, then the condominium instruments shall be amended only by agreement of unit owners of units to which
2/3 of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify, except in cases for which this chapter provides different methods of amendment. The procedures established in N.H. Rev. Stat. § 356-B:54, V shall be followed for amendments to extend the time limits for conversion, expansion, or contraction of a condominium.
II-a. Notwithstanding paragraph II, any amendment to the condominium instruments requiring approval of mortgagees on units may be satisfied by the recording of an affidavit by the president of the association that written request for such approval was sent to the last known address of any mortgagee and that the mortgagee failed to respond within 60 days.
III. If none of the units in the condominium is restricted exclusively to residential use, then the condominium instruments may specify majorities smaller than the minimums specified by paragraphs I and II.
IV. Agreement of the required majority of unit owners to termination of the condominium or to any amendment of the condominium instruments shall be evidenced by their execution of the termination agreement or amendment, or by execution of the president and treasurer of the association accompanied by certification of vote of the clerk or secretary, and the same shall become effective only when such agreement is so evidenced of record. For the purposes of this section and N.H. Rev. Stat. § 356-B:33, an instrument terminating a condominium shall be deemed a condominium instrument subject to the provisions of N.H. Rev. Stat. § 356-B:11, and for the purposes of this section, any ratification of such an amendment shall also be deemed such an instrument.
V. Except to the extent expressly permitted or expressly required by other provisions of this chapter, no amendment to the condominium instruments shall change the boundaries of any unit, the undivided interest in the common areas appertaining thereto, the liability for common expenses or rights to common profits appertaining thereto, or the number of votes in the unit owners’ association appertaining thereto.
VI. Upon recordation of an instrument terminating a condominium, all of the property constituting the same shall be owned by the unit owners as tenants in common in proportion to their respective undivided interests in the common areas immediately prior to such recordation. But as long as such tenancy in common lasts, each unit owner or the heirs, successors, or assigns thereof shall have an exclusive right of occupancy of that portion of said property which formerly constituted his unit.
VII. Upon recordation of an instrument terminating a condominium, any rights the unit owners may have to the assets of the unit owners’ association shall be in proportion to their respective undivided interests in the common areas immediately prior to such recordation, except that common profits shall be distributed in accordance with N.H. Rev. Stat. § 356-B:44.
VIII. No provision of this chapter shall be construed in derogation of any requirement of the condominium instruments that all or a specified number of the beneficiaries of mortgages or deeds of trust encumbering the condominium units approve specified actions contemplated by the unit owners’ association.
4/5 of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify.
Terms Used In New Hampshire Revised Statutes 356-B:34
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
II. If there is any unit owner other than the declarant, then the condominium instruments shall be amended only by agreement of unit owners of units to which
2/3 of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify, except in cases for which this chapter provides different methods of amendment. The procedures established in N.H. Rev. Stat. § 356-B:54, V shall be followed for amendments to extend the time limits for conversion, expansion, or contraction of a condominium.
II-a. Notwithstanding paragraph II, any amendment to the condominium instruments requiring approval of mortgagees on units may be satisfied by the recording of an affidavit by the president of the association that written request for such approval was sent to the last known address of any mortgagee and that the mortgagee failed to respond within 60 days.
III. If none of the units in the condominium is restricted exclusively to residential use, then the condominium instruments may specify majorities smaller than the minimums specified by paragraphs I and II.
IV. Agreement of the required majority of unit owners to termination of the condominium or to any amendment of the condominium instruments shall be evidenced by their execution of the termination agreement or amendment, or by execution of the president and treasurer of the association accompanied by certification of vote of the clerk or secretary, and the same shall become effective only when such agreement is so evidenced of record. For the purposes of this section and N.H. Rev. Stat. § 356-B:33, an instrument terminating a condominium shall be deemed a condominium instrument subject to the provisions of N.H. Rev. Stat. § 356-B:11, and for the purposes of this section, any ratification of such an amendment shall also be deemed such an instrument.
V. Except to the extent expressly permitted or expressly required by other provisions of this chapter, no amendment to the condominium instruments shall change the boundaries of any unit, the undivided interest in the common areas appertaining thereto, the liability for common expenses or rights to common profits appertaining thereto, or the number of votes in the unit owners’ association appertaining thereto.
VI. Upon recordation of an instrument terminating a condominium, all of the property constituting the same shall be owned by the unit owners as tenants in common in proportion to their respective undivided interests in the common areas immediately prior to such recordation. But as long as such tenancy in common lasts, each unit owner or the heirs, successors, or assigns thereof shall have an exclusive right of occupancy of that portion of said property which formerly constituted his unit.
VII. Upon recordation of an instrument terminating a condominium, any rights the unit owners may have to the assets of the unit owners’ association shall be in proportion to their respective undivided interests in the common areas immediately prior to such recordation, except that common profits shall be distributed in accordance with N.H. Rev. Stat. § 356-B:44.
VIII. No provision of this chapter shall be construed in derogation of any requirement of the condominium instruments that all or a specified number of the beneficiaries of mortgages or deeds of trust encumbering the condominium units approve specified actions contemplated by the unit owners’ association.