New Hampshire Revised Statutes 356-B:42 – Control of the Common Areas
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I. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the unit owners’ association shall have the power to:
(a) Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the said association arising under N.H. Rev. Stat. § 356-B:41;
(b) Make or cause to be made additional improvements on and as a part of the common areas;
(c) Grant or withhold approval of any action by one or more unit owners or other persons entitled to the occupancy of any unit which would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers, to grant or withhold such approval; and
(d) Acquire, hold, convey and encumber title to real property, including but not limited to condominium units, whether or not the association is incorporated.
II. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the board of directors of the unit owners’ association, if any, and if not, then the unit owners’ association itself, shall have the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title to grant easements through the common areas and accept easements benefiting the condominium or any portion thereof.
III. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners’ association or its board of directors.
(a) Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the said association arising under N.H. Rev. Stat. § 356-B:41;
Terms Used In New Hampshire Revised Statutes 356-B:42
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) Make or cause to be made additional improvements on and as a part of the common areas;
(c) Grant or withhold approval of any action by one or more unit owners or other persons entitled to the occupancy of any unit which would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers, to grant or withhold such approval; and
(d) Acquire, hold, convey and encumber title to real property, including but not limited to condominium units, whether or not the association is incorporated.
II. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the board of directors of the unit owners’ association, if any, and if not, then the unit owners’ association itself, shall have the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title to grant easements through the common areas and accept easements benefiting the condominium or any portion thereof.
III. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners’ association or its board of directors.