Condo Media - December 2021 - 26

Legislative Update
(NHLAC)
CAI New Hampshire
Legislative Action
Committee
Gary Daddario, Esq., CCAL
Chair
CAI'S LATEST NUMBERS place the count of New Hampshire
associations in excess of 2,200. These associations
are home to approximately 265,000 Granite Staters. So,
condominium-related legislation in the state impacts more
than a few people. In this past legislative session, NHLAC
tracked and, when necessary, opposed the following bills:
l HB 313 - Relative to property restrictions on certain amateur
radio antennas. NHLAC opposed this bill, which would
have regulated the enforcement of property restrictions by a
community association on the installation and maintenance of
amateur radio antennas and antenna support structures.
l HB 336 - Establishing a condominium dispute resolution
board. NHLAC closely monitored this bill, which would have
established a condominium dispute resolution board to resolve
matters involving condominium associations and unit owners.
l HB 358 - Relative to the installation of solar energy
systems in condominiums. NHLAC successfully opposed
this legislation, which would have prospectively prohibited
condominium instruments and bylaws from requiring
greater than a simple majority vote to consent to the installation
and use of a solar photovoltaic energy system. As the
NHLAC Chair, I testified on behalf of the industry, explaining
to the New Hampshire House Commerce and Consumer
Affairs Committee the lack of clarity in the language of this
bill and the problematic impact its passage would have on
the community association housing model.
l HB 466 - Relative to contract powers of condominium
unit owners' associations. NHLAC successfully opposed
this legislation, which would have required a condominium
unit owner who contracts for property management, maintenance,
or improvements business with the condominium
to recuse himself or herself from any participation in or vote
26 CONDOMEDIA December 2021
on the awarding of the contract. It also would have required
any such relationship to be disclosed to the unit owners'
association. Members of the NHLAC testified on behalf of
the industry, explaining to the New Hampshire House Commerce
and Consumer Affairs Committee that someone who
owns a lot of units has a significant investment to protect and
pays the fees on all those units and thus should have their
vote. Such owners also have every motivation to exercise
their vote properly.
Each of the above bills did not succeed in the 2021
legislative session.
NHLAC also tried, once again, to have a statutory foreclosure
remedy established for condominiums via the following:
l HB 462 - Relative to lien assessments by condominium
associations. This bill was the NHLAC's main priority
during the 2021 legislative session. This bill would have
established a foreclosure procedure for the enforcement of
a lien assessment on a condominium unit owner by the unit
owners' association. The NHLAC successfully worked with
Representative Infantine to introduce this legislation on
behalf of CAI members in New Hampshire and is thankful
for his assistance. Unfortunately, this bill ultimately did
not pass during the 2021 legislative session.
Looking ahead, condominium-related bills for the next
legislative session are already coming to light. We are
going to see another attempt at a " solar " bill such as HB 358
described above. In addition, we expect to see another bill
aimed at the budget and special assessment processes of
condominiums in the Granite State.
I wish to thank the CAI National Government and
Public Affairs staff, especially Phoebe E. Neseth, Esq.,
for assistance with preparation of this NHLAC update.
Condo Media - December 2021

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