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NH committee hears yearslong complaints about condominium governance, legal remedies discussed
Summary
Lawmakers and condominium representatives told the House Committee on Housing that existing condominium law leaves many residents with few effective, affordable remedies when boards or managers act improperly; testimony proposed clearer statutory rules and a quasi-judicial board as possible fixes.
Representative Susan Olmi introduced HB 383 to the House Committee on Housing as an effort to fill gaps in New Hampshire condominium law and offer more workable governance tools for associations, from small quadplexes to large seasonal campground-style developments. "There is absolutely no way to get…if a homeowners association or a condominium association is run by a manager who controls the board or is run by a board…the only thing they can do is…go to the superior court and file a lawsuit," Olmi said, describing long delays and high legal costs.
HB 383 responds to recurring complaints committee members and witnesses described: managers or entrenched boards that allegedly use proxies and informal practices to consolidate control, declaration and bylaw provisions written by developers that later impede owners, and inconsistent registration of bylaws and rules with registers of deeds. Richard Sweatt, president of the Vineyards at Stratham Condominium, told the committee the Vineyards and the Condominium Leadership Council oppose HB 383 as drafted, arguing higher thresholds for amending covenants and bylaws preserve stability and protect owners from “mischievous amendments.” Sweatt cited RSA 356-B:35 as the statutory provision that currently governs recorded bylaws and declarations.
Other witnesses offered contrasting views. Will Infantine, a nine-term legislator who chaired the condominium committee in prior sessions, said bylaws and rules often differ in purpose and frequency of change and warned against burdensome recording requirements for routine rules. Paul Okivak, vice president at Evergreen Management, described management companies’ role and said professional management can both help and, at times, preempt board oversight.
Committee members pressed on what statutory fixes would look like: tightening requirements for proxies and amending provisions, clarifying what must be recorded at the register of deeds, and exploring a new quasi-judicial process modelled on the former Manufactured Housing Board. Olmi said the current bill is an interim step and that she plans further work and possible new legislation in a future term to create a flexibility-minded dispute resolution board.
The public hearing closed without a recorded committee vote on HB 383; the committee later voted in executive session to recommend HB 383 be ruled inexpedient to legislate (ITL).
