Bill Text: NH SB246 | 2022 | Regular Session | Amended
Bill Title: Relative to qualified private communities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2022-05-05 - Inexpedient to Legislate: Motion Adopted DV 183-146 05/05/2022 House Journal 12 [SB246 Detail]
Download: New_Hampshire-2022-SB246-Amended.html
SB 246 - AS AMENDED BY THE SENATE
02/24/2022 0700s
2022 SESSION
22-2951
11/04
SENATE BILL 246
AN ACT relative to qualified private communities.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Rep. W. MacDonald, Rock. 5
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill defines and regulates "qualified private communities."
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/24/2022 0700s 22-2951
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to qualified private communities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Qualified Private Communities. Amend RSA by inserting after chapter 356-C the following new chapter:
CHAPTER 356-D
QUALIFIED PRIVATE COMMUNITIES
356-D:1 Definitions. In this chapter the following definitions shall apply:
I. "Capital reserve fund" means a monetary fund setup for the purpose of accumulating cash reserves for future expenses related to capital assets in the qualified private community. "Capital reserve fund" shall not have the same meaning as in RSA 35.
II. "Declarant" means any person who executes or proposes to execute the declaration associated with a qualified private community, or on whose behalf the declaration is executed or proposed to be executed.
III. "Qualified private community" means a residential condominium, cooperative, open space subdivision, or other community consisting of at least 4 units, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association, road association, or council of co-owners, wherein the cost of maintaining roads, streets, water, and sewer infrastructure and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. "Qualified private community" shall not include:
(a) Any apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises.
(b) Any proprietary campground facility.
(c) Any community where title to land does not convey with improvements, except a residential condominium or cooperative.
356-D:2 Qualified Private Community; Requirements.
I. No city or town shall approve plans for a qualified private community unless the declarant agrees to at least one of the following requirements for such qualified private community:
(a) The declarant will establish a capital reserve fund of no less than 50 percent of the cost to replace all roadways within the qualified private community, based on the cost estimate as described in paragraph II.
(b) The declarant will build all roadways to the design standards for public ways for the municipality that is approving the project.
II. The declarant shall submit a written estimate of the cost to replace the roadways in the qualified private community for approval by the city or town. The estimate shall be based on the projected cost to replace the roads on the projected completion date of the project. This estimate may be updated from time to time until completion of the project.
III. The capital reserve fund shall be held in escrow until the qualified private community is complete, the unit owners have control of the community trust or other trust device, condominium association, homeowners' association, or council of co-owners and the declarant has relinquished interest in the qualified private community.
