Condo Media - August 2021 - 30

LEGISLATIVE UPDATE
( NH L A C)
New Hampshire Legislative
Action Committee
Although some of you may have seen a prior report,
I begin with a quick review of this session's notable
bills and their current status:
HOUSE BILL 462 sought an
explicit foreclosure power for associations
after obtaining court judgements
in lien enforcement cases.
The procedure would be the same
as for mortgage holders. This bill
was proposed by the NHLAC and
we believe it is necessary so that
associations can have the benefi t of
meaningful relief in their long-term
delinquency cases. Unfortunately,
notwithstanding our support at the
public hearings and even with a bank
president offering testimony as to
how the condominium foreclosure
remedy has not harmed the banking/
lending industry in Massachusetts,
the Commerce Committee deemed
it " inexpedient to legislate " (ITL).
This " ITL " designation is often a
" biller killer, " as it signifi es to the full
legislature that the committee most
familiar with the legislation recommends
that it not be passed.
HOUSE BILL 466 requires recusal
from votes to award a contract of
any unit owner who has an interest
in a business that may perform
contractual work for an association.
The NHLAC had issues with this bill,
including that it assumed unit owners
vote on contracts (a role typically
reserved for board members) and
assumed that an owner with an
interest in a business would have a
confl ict of interest (as opposed to
motivation to excel) when it came
to working for their own association.
This bill has also been deemed
" inexpedient to legislate. "
30 CONDOMEDIA August 2021
HOUSE BILL 358 sought to prohibit
associations from requiring more than a
simple majority vote to approve a unit
owner's solar energy system. The NHLAC
had concerns similar to those expressed with
regard to House Bill 313 (discussed at item 3
above). There were also practical concerns
about damage to common areas and the
limitations of physical space in places like
the roof if many unit owners wanted to
install such equipment. There were also issues
surrounding the fate of such equipment
when a unit owner moves away. This bill has
also been deemed " inexpedient to legislate. "
HOUSE BILL 313 sought to prohibit
associations from adopting or enforcing
restrictions against " ham " radio antennae,
their supporting structures, and related
equipment. The NHLAC found this bill
somewhat unfair because it negated, by
statute, what would otherwise be the restrictions
of the governing documents, and
the NHLAC believes that potential buyers
should base their decision to purchase a
condominium, at least in part, on whether
they are prepared to live with the association's
restrictions. This bill has also been
deemed " inexpedient to legislate. "
HOUSE BILL 336 sought to create a
condominium dispute resolution board
operated by the state. The NHLAC had
concerns about a lack of procedural due
process for associations, some of the
details of the board's operation, and the
costs to both the state and the associations
of New Hampshire. This bill has also
been deemed " inexpedient to legislate. "
NEXT, some insight as to the
legislative happenings of the
foreseeable future:
● The condominium foreclosure remedy
(recently HB 462) is something
the NHLAC believes is important to
the fi nancial futures of associations
in the Granite State. Accordingly,
when allowed in a future session,
we will introduce this bill again
and do our best to get it passed.
● The interest groups behind the
" solar " bill (recently HB358) and
the " ham radio " bill (recently
HB 313) are committed to their
causes. Combined with the fact
that these bills gained some early
traction, we expect them to be
reintroduced in future sessions.
● The " dispute resolution board "
bill (recently HB336) has the
passionate support of the legislators
who sponsor it. This bill has
been introduced before and will
likely be seen again.
Finally, other matters of interest
within New Hampshire:
We are all familiar with governmental
efforts to ease the fi nancial
hardships of some citizens. As of this
writing, New Hampshire Housing is
in the process of planning meetings
to discuss a Homeowner Assistance
Fund Plan. This plan, once completed,
will be provided to the U.S.
Department of Treasury for potential
federal funds to be distributed in New
Hampshire relative to COVID-19
relief. The potential for such funds to
apply to delinquent condominium assessments
is a topic scheduled for discussion.
Thus, it is possible that such
funding may assist New Hampshire
residents and, in the process, assist
New Hampshire associations.
■ GARY M. DADDARIO,
ESQ., CCAL, CHAIR
NEW HAMPSHIRE
LEGISLATIVE ACTION
COMMITTEE (NHLAC)
Condo Media - August 2021

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