Condo boards in New Hampshire must follow specific steps when changing their bylaws. These rules help keep the process fair and ensure that all owners have a say. Following the right process prevents disputes and keeps the community running smoothly.
The amendment process
New Hampshire law requires condo boards to follow their declaration and bylaws when making amendments. Most bylaws outline a process that includes proposing changes, notifying owners, and holding a vote. Many communities require approval from a certain percentage of unit owners before changes take effect. Boards must also record approved amendments with the county registry of deeds.
State law (RSA 356-B) governs condominium associations in New Hampshire. It sets rules on how boards operate and how they can change their governing documents. Some amendments may require additional steps, such as approval from mortgage lenders or state agencies. Boards should carefully review their bylaws to understand the specific requirements for their community.
Key legal considerations
Condo boards must ensure bylaw amendments comply with state laws and the condo declaration. Amendments cannot conflict with existing laws or take away rights guaranteed by the original condo documents.
Transparency is vital during the amendment process. Boards should provide clear information about proposed changes and allow time for owner feedback. Holding meetings and sending written notices help prevent misunderstandings and legal challenges. Keeping detailed records of discussions and votes can also protect the board if disputes arise.
Amending condo bylaws in New Hampshire requires careful planning and compliance with state laws. A well-managed amendment process strengthens the condo community and helps avoid legal issues.