Bill Text: NH SB324 | 2022 | Regular Session | Amended

New Hampshire Senate Bill 324 (Prior Session Legislation)

Bill Title: Relative to the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenant owned manufactured housing parks.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Engrossed - Dead) 2022-05-04 - Inexpedient to Legislate: Motion Adopted Voice Vote 05/04/2022 House Journal 11 [SB324 Detail]

Download: New_Hampshire-2022-SB324-Amended.html

SB 324-FN - AS AMENDED BY THE SENATE

03/17/2022 1021s

2022 SESSION

22-3059

11/08

SENATE BILL 324-FN

AN ACT relative to the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenant owned manufactured housing parks.

SPONSORS: Sen. French, Dist 7; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Gannon, Dist 23; Sen. Sherman, Dist 24; Sen. Soucy, Dist 18; Rep. Gordon, Graf. 9; Rep. Almy, Graf. 13

COMMITTEE: Commerce

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AMENDED ANALYSIS

This bill provides for the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenants in manufactured housing parks.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/2022 1021s 22-3059

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the resolution of disputes for condominium unit owners, homeowners' association unit owners, and tenant owned manufactured housing parks.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Condominium Act; Dispute Resolution Procedure. Amend RSA 356-B by inserting after paragraph VIII the following new paragraph:

VIII-a. The bylaws shall contain a dispute resolution procedure for unit owners who wish to appeal the assessment of a fine for a violation of the governing instruments or who wish to discuss an alleged failure by the governing board to abide by the governing instruments. The process shall allow the unit owner to request a meeting with the board and provide the unit owner with an opportunity to speak at said meeting. Meetings may take place via video technology. Meetings shall be scheduled within 30 days of receipt of a written request and decisions by the board shall issue within 30 days of such meeting. Board decisions issued as a result of the dispute resolution process shall be final, with the exception of the unit owner’s right to file a claim in a court of competent jurisdiction.

2 New Subdivision; Condominium Act; Dispute Resolution Procedure for Homeowners' Associations. Amend RSA 356-B by inserting after section 70 the following new subdivision:

V. Dispute Resolution Procedure for Homeowners' Associations.

356-B:71 Homeowners' Associations; Dispute Resolution. A homeowners' association shall create and adopt bylaws which contain a dispute resolution procedure for unit owners who wish to appeal the assessment of a fine for a violation of the governing instruments or who wish to address an alleged failure by the governing board to abide by the governing instruments. The process shall allow the unit owner to request a meeting with the governing board and provide the unit owner with an opportunity to speak at such meeting. The meeting may take place via video technology. The meeting shall be scheduled within 30 days of receipt of a unit owner's written request and the governing board shall issue a decision within 30 days of such meeting. The governing board's decision issued as a result of the dispute resolution process shall be final. However, an aggrieved unit owner may file an action to challenge the governing board's decision in the superior court of the county in which the unit owner resides.

3 New Section; Regulation of Tenant Owned Manufactured Housing Parks; Dispute Resolution Procedure. Amend RSA 205-A by inserting after section 13-c the following new section:

205-A:13-d Dispute Resolution Procedure. The tenants' association of a tenant-owned manufactured housing park shall create and adopt bylaws which contain a dispute resolution procedure for a tenant who wishes to appeal the assessment of a fine for a violation of the bylaws or who wish to address an alleged failure by the tenants' association to abide by the bylaws. The process shall allow the tenant to request a meeting with the tenants' association and provide the tenant with an opportunity to speak at such meeting. The meeting may take place via video technology. The meeting shall be scheduled within 30 days of receipt of a tenant's written request and the tenants' association shall issue a decision within 30 days of such meeting. The tenants' association's decision issued as a result of the dispute resolution process shall be final. However, an aggrieved tenant may file an action to challenge the tenants' association's decision in the superior court of the county in which the tenant resides.

4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2023.

II. The remainder of this act shall take effect January 1, 2023.

LBA

22-3059

Redraft 12/10/21

SB 324-FN- FISCAL NOTE

AS INTRODUCED

AN ACT establishing a condominium, homeowners' association, and cooperative dispute resolution board and relative to the authority of homeowners' associations.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None


	Estimated Increase / (Decrease)
STATE:	FY 2022	FY 2023	FY 2024	FY 2025
Appropriation	$0	$0	$0	$0
Revenue	$0	Indeterminable Increase	Indeterminable Increase	Indeterminable Increase
Expenditures	$0	Indeterminable Increase	Indeterminable Increase	Indeterminable Increase
Funding Source:	[ ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Budget

METHODOLOGY:

This bill establishes a dispute resolution board for condominiums, homeowners' associations and cooperatives. The board shall be made up of two legislative members and seven non-legislative members. This bill entitles legislative members to be paid legislative mileage reimbursement for meetings as well as mileage reimbursement at the state employee rate for the non-legislative members on the board. The bill establishes a $250 filing fee for every complaint filed with the board and the filing fees shall be used to offset the expenses incurred by the board.

The Office of Professional Licensure and Certification (OPLC) states there is an indeterminable fiscal impact on State revenue and State expenditures. OPLC is unable to project the amount of complaints that will be filed with the board nor are they able to determine how much mileage reimbursement will be paid to the members on the board.

The Department of Justice states there is an indeterminable fiscal impact on state expenditures. The Department is unsure of how many complaints will be filed and the amount of counsel needed to assist the board in judicial filing.

It is assumed the fiscal impact will not occur until FY 2023.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification and Department of Justice