Condo Media - December 2022 - 31

NHLAC
CAI New Hampshire
Legislative Action Committee
THE SCHEDULING OF NEW HAMPSHIRE'S legislative sessions is such that a fl urry of bills is fi led
and much time and effort is quickly invested in determining which bills will make the " crossover " event
and pass from their origin (i.e., House or Senate) to the other side. At the time I am writing this in early
October, I am experiencing an almost eerie feeling of " calm before the storm. " Although I haven't seen
them yet, I am expecting to start seeing the annual fl urry of bills for the 2023 session literally any day.
GARY M. DADDARIO,
ESQ., CCAL, CHAIR
In the meantime, I will recap the NHLAC's bills of concern from 2022:
● SB324. This was the return of the bill that would
create a state-run condominium dispute resolution
board. This bill is repeatedly filed and has been
discussed in prior articles. The LAC's concern, aside
from additional state government and expense, are a
number of procedural inequities favoring unit owners
above associations in their handling of complaints.
In 2022, this bill failed again.
●
HB1380. Another repeating bill, this legislation would
prohibit associations from prohibiting installation of
solar power-related equipment notwithstanding
the language of the association's own governing
documents. In 2022, this bill failed again.
● HB1146. This bill, potentially disastrous for associations,
would have prevented association boards from
increasing fees absent the assent of a majority of all
unit owners. With costs of everything from fuel, to
building materials, to property services skyrocketing,
this legislation could have crippled boards' abilities
to increase fees at a pace necessary to ensure that the
association continues to meet its financial obligations.
This was a first-time proposal in 2022, and it failed.
● SB214. This bill placed a number of obstacles in the
way of an association contracting with a business in
which a board member or unit owner has an interest.
Certain of the proposed measures, such as signage on
every door of the association's buildings announcing
the fact that the association has a contract with a business
involving an association member, just appeared
downright punitive. The NHLAC believes that boards
are capable of determining which entities are best for
providing the association's services and appropriately
negotiating contracts. In 2022, this bill failed.
● SB245. This bill would establish a committee to
study the circumstances surrounding condo unit
owners paying for municipal trash services (through
property taxes) that they do not receive (being
required to utilize private services for their private
property). Although it may have helped bring some
financial and municipal services equity to condominium
unit owners, this bill failed in 2022.
● SB246. This bill would set guidelines for developers
of association communities to establish and fund
capital accounts to be used for the maintenance,
repair, and replacement of the private roads in an
association. Although this may have assisted with
the financial burden that unit owners on private
roads face with respect to expensive roadway
maintenance, this bill failed in 2022.
Taking a quick look ahead, I expect the NHLAC
to re-introduce its bill seeking foreclosure rights for
associations holding unpaid judgments against delinquent
units. There has also been some buzz about
bills that we may see again, such as the dispute
resolution board bill, the solar power equipment bill,
the ham radio equipment bill, and even potential
attempts to further curb association boards from
raising financial capital as needed for proper
operations and upkeep of the association.
This past year, we enjoyed great success with
high attendance at the hearings on the associationrelated
bills as well as a lot of communication via
simple email bulletins. I firmly believe it made a
difference in obtaining outcomes that benefit associations
around the state. I urge interested parties to
remain vigilant and look for communications
regarding the 2023 bills and hearings.
December 2022 CONDOMEDIA 31

Condo Media - December 2022

Table of Contents for the Digital Edition of Condo Media - December 2022