HB 42-FN - AS AMENDED BY THE HOUSE
22Mar2023... 0286h
2023 SESSION
23-0033
09/05
HOUSE BILL 42-FN
AN ACT relative to the operation of certain homeowners' associations.
SPONSORS: Rep. Stavis, Graf. 13; Rep. Mangipudi, Hills. 11; Rep. Gallager, Merr. 20
COMMITTEE: Commerce and Consumer Affairs
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill limits the voting power of individuals who own more than half of the properties in a homeowners' association organized under RSA 292. The bill also requires a hearing before the municipal planning board before dissolution of the association.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0286h 23-0033
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the operation of certain homeowners' associations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Voluntary Corporations and Associations; Homeowners' Associations. Amend RSA 292 by inserting after section 8-l the following new section:
292:8-m Homeowners' Associations.
I. For any homeowners' association established under this chapter, except those associations that include ownership through timeshare, if more than 50 percent of the votes are acquired by a single person after developer control is terminated, a 2/3 majority shall be required to amend bylaws, budgets, and any contracted property management service.
II. No homeowners’ association constituted under this chapter and approved by the planning board or similar land use body that has jurisdiction in the town or city in which the homeowners' association is located, shall be dissolved pursuant to the procedure in RSA 292:9 or RSA 292:10-a, prior to a hearing under RSA 676:2 before that same planning board or land use body.
2 Effective Date. This act shall take effect January 1, 2024.
23-0033
Amended 3/31/23
HB 42-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0286h)
AN ACT relative to the operation of certain homeowners' associations.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2023 through 2026.
AGENCIES CONTACTED:
New Hampshire Municipal Association