Condo Media - August 2019 - 37

NEW
HAMPSHIRE
(NHLAC)
M
ost of the measures on the
legislative docket have earned
"inexpedient to legislate" votes
from the committees hearing them, and
the NHLAC was happy to see most of
them die, NHLAC Chair Gary Daddario,
a partner in Marcus Errico Emmer &
Brooks, PC, reported. The most significant measures on that list included bills:
Prohibiting D&O insurance coverage for association board members
who fail to meet a "standard of care"
defined in the legislation. "Condo
associations already struggle to find
owners willing to serve on boards,"
Daddario notes. "This would have
sent people running for the hills."
Changing the requirements for some
votes. The measure specified that if
50 percent or more of the votes in an
association are held by 25 percent
of the owners or fewer, or by the
same family, company, corporation
or trust-any issue requiring the
approval of a majority or more of the
owners would have to obtain, in addition, the approval of a majority of the
owners holding a minority interest.
The result of that complex formula,
Daddario says, would be to "make it
impossible to get anything passed."
Altering quorum requirements for
some votes. Under this measure, for
decisions requiring anything other
than a simple majority, the quorum
requirement would be one more
owner than the minimum needed to
approve or reject the item. This was
another effort to "tinker unnecessarily" with voting requirements
that are already included in the state
condominium statute, Daddario said.
Requiring that associations retain as
official records the ballots and tally
sheets used for voting at association
meetings. This was one of several bills introduced by a lawmaker
known for filing anti-condominium
measures, Daddario noted. Testifying in opposition, the LAC argued

successfully that state law already
classifies ballots and tally sheets
as records, making this legislation
"completely unnecessary."

Requiring the association board or
manager to notify owners annually of
the community's FHA-certification
status. The LAC took no position on
this measure, which "seemed pretty
innocuous to us," Daddario reported.
(FHA certification has been a major
issue for CAI nationally).
Creating a condominium dispute
resolution board. This perennial
measure has been proposed and
deemed "inexpedient to legislate"
several times. This year it was "retained in committee," which means
it is "technically" still alive, Daddario
said. But he's also confident that, as
in the past, "it will probably die."
One of the few condo-related bills to
receive a favorable report was a measure
easing the administrative requirements
for smaller associations, with 25 units
or fewer. LAC supported this bill, which
has been approved by the House and is
expected to win Senate approval, as well.

equipment "doesn't make sense in a
condominium context," and will probably ultimately kill the bill. "I can't think
of any examples of bills retained in
committee that ended favorably for the
legislation." he noted.
When this session began, Daddario
was optimistic-at least, more optimistic
than in the past-about the prospects for
legislation giving New Hampshire condo
associations the authority to enforce
their superlien through the foreclosure
process. But the House committee
that had retained it for further study
last year, rejected it this year. "We had
worked hard to address banking industry
concerns," Daddario said, "and we think
legislators understand the issues."
More people testified in favor of the
bill this year, he noted, including Massachusetts bankers who talked about their
positive experience with the superlienforeclosure process in that state. "I think
that testimony helped," Daddario said,
"but it didn't change the outcome." The
defeat also hasn't altered the LAC's determination to get this bill enacted. "We
will absolutely try again," he stated.

ANOTHER HAM PUSH
Also still alive, at last technically, is
a ham radio measure, similar to the
one the MELAC successfully blocked.
Daddario thinks ham (amateur) radio
advocates, having failed repeatedly to
win approval of a federal law, are now
"trying to go state by state." The NHLAC
opposed the bill "for obvious reasons,"
Daddario said. "Our feeling is, if you
want to have a giant piece of radio equipment, buy a house somewhere-don't
buy a condominium."
Instead of being rejected outright as
"inexpedient to legislate," the measure
has been retained in committee. That
may be because some legislators were
"hung up" on the argument that ham
operators could provide essential communications in a national emergency,
Daddario speculated. But he thinks
lawmakers also understand that ham
August 2019 CONDOMEDIA

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