New Hampshire Revised Statutes 479-A:5 – Common Areas and Facilities
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In New Hampshire Revised Statutes 479-A:5
- Association of unit owners: means all of the unit owners acting as a group in accordance with the bylaws and declaration. See New Hampshire Revised Statutes 479-A:1
- Common areas and facilities: unless otherwise provided in the declaration or lawful amendments thereto, means and includes: the land on which the building is located. See New Hampshire Revised Statutes 479-A:1
- Declaration: means the instrument by which the property is submitted to the provisions of this chapter as provided in N. See New Hampshire Revised Statutes 479-A:1
- Person: means individual, corporation, partnership, association, trustee or other legal entity. See New Hampshire Revised Statutes 479-A:1
- Property: means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute or leased as provided in N. See New Hampshire Revised Statutes 479-A:1
- Unit: means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. See New Hampshire Revised Statutes 479-A:1
- Unit owner: means the person or persons owning a unit in fee simple absolute, or leasing a unit as provided in N. See New Hampshire Revised Statutes 479-A:1
Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the unit in relation to the value of the property. The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof unless the property has been removed from the provisions of this chapter as provided in N.H. Rev. Stat. § 479-A:15 or 479-A:25. Any covenant to the contrary shall be null and void. Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bylaws. The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units.