Condo Media - February 2017 - 47

pear in the revised RSA 356-B. We believe
this to have been an inadvertent error,
which we hope will be easily remedied.
Another topic to be addressed is
the relationship between the Condominium Act and New Hampshire's
body of corporate law when it comes
to governance of incorporated associations. A recent case makes clear that
without better statutory guidance, it is
possible for both areas of law to apply
to the operations of a community. This
is complex at best and, at worst, may
not be the intention of those who established the association or lead to the best
results for the community. Accordingly,
this is another area that may be ripe for
a legislative "fix" to clear the air.
Finally, once again we will pursue a
foreclosure remedy for New Hampshire
associations. We have tried unsuccessfully
in the past. So, as we gear up to try again,
please contact your legislators to let them
know that this is wanted and needed legislative relief for the state's condominium
associations. Our latest draft includes
enough notice, process, and response time
to be fair to the unit owners' and mortgage
holders' interests while, at the same time,
providing an effective final resolution to
long-term delinquencies at associations.
Note that this additional remedy is now
clearly described as such in our proposed
bill and thus is neither a replacement of an
existing remedy nor the discontinuation of
any existing remedy.
DISASTER PLANNING
Moving to disaster prevention, the
concept at the forefront of my mind is
the "disaster plan." There are various
organizations that teach programs on this
subject and the preparation of a "disaster
plan" is time well spent. Ultimately, it
becomes a collection of important contact information, a "phone tree" designed
to allow people to most efficiently make
necessary phone calls, as well as protocols
for everything from evacuation to postevacuation meeting/regrouping. A good
disaster plan also identifies the useful
equipment to have on hand, allowing its

author to obtain and retain such supplies
and to replace the same when necessary.
Next, I think of insurance. Now,
typically, we think to make a call to our
insurance company only after a disaster.
However, regular communication with
your insurer can yield benefits before
disaster strikes. For example, a routine
insurance inspection of your premises
may identify problem areas, needed
maintenance, or even hazards that exist
on the property. Taking care of such matters on a proactive basis may prevent a
disaster. Further, the more familiar your
insurer is with your property and facilities, the better their ability to ensure that
you have appropriate protection. After
all, insurance coverage must be in place
prior to a disaster in order to provide you
with the post-event benefits.
A final suggestion relating to disaster
prevention-DO sweat the small stuff. Tak-

ing care of minor maintenance and repair
needs while they are still "minor" will
avoid such items blossoming into major
projects or, worse yet, disasters. Examples
include: dealing with building envelope
issues (roof, siding, windows, doors) before
they lead to water infiltration and before
water infiltration leads to destruction and
mold; dealing with drainage issues before
they lead to water infiltration and before
water infiltration leads to foundation damage; dealing with insects/pests before their
presence leads to an infestation and before
infestation leads to structural damage. You
get the idea.

n GARY M. DADDARIO, ESQ., CCAL,
IS A PARTNER WITH THE LAW FIRM OF
WINER & BENNETT, LLP.

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