Cronin, Bisson & Zalinsky P.C.Cronin, Bisson & Zalinsky P.C.2026-08-22T13:18:51Zhttps://www.cbzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203492/2023/04/cropped-site-icon-32x32.pngOn Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Can neighbors challenge a proposed real estate development?]]>https://www.cbzlaw.com/?p=469022026-08-22T13:18:51Z2026-08-22T13:18:51ZWhen can neighbors object to a development?
Development proposals frequently require government approvals before work can proceed. Depending on the project, that could include:
Rezoning
A variance
A conditional use permit
Another form of land-use approval
Some approval processes include public notice and hearings and giving nearby property owners an opportunity to voice concerns. Common objections involve:
Traffic
Parking
Building height
Noise
Density
Drainage
Environmental effects
Incompatibility with surrounding uses
However, strong opposition does not necessarily mean the proposal violates the law. A decision-making body must apply the governing standards rather than decide an application solely according to which side attracts more supporters. That makes the legal basis behind an objection more important than the number of people making it.
How can an objection affect your project?
Even when a challenge ultimately fails, it can still have business consequences. Some of the things that can affect a project’s timeline include:
Additional hearings
Appeals
Requested design modifications
Disputes over approval conditions
Delays may:
Increase carrying costs
Complicate financing arrangements
Disrupt construction schedules
Interfere with agreements involving future tenants
Therefore, developers should consider potential neighborhood opposition during due diligence rather than treating it as a problem to address only after objections arise.
If neighborhood opposition threatens a proposed development, consider seeking reliable legal representation before the dispute causes avoidable delays or expenses. An experienced legal team can evaluate the objections, review the applicable land-use requirements and help to determine a appropriate response.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Project on ice? How to break a subcontractor standoff]]>https://www.cbzlaw.com/?p=468972026-08-07T12:03:59Z2026-08-12T12:03:09ZWhen the standoff costs more than the dispute
A dispute over higher material costs or a missed delivery date may start with one subcontractor. However, a work stoppage can create problems across the project. Several factors can increase the financial effect of the dispute:
Carrying costs that continue during the delay
Missed deadlines tied to project financing
Other contractors unable to begin scheduled work
Revenue postponed by a later opening date
Added costs from changes to the construction schedule
The cost of these delays can exceed the amount at the center of the dispute. For example, a $100,000 payment dispute could create a larger financial problem if several contractors cannot start work and the project misses a financing deadline.
What litigation could mean for an active project
Once the cost of a standoff begins to spread across the project, the dispute process becomes another business consideration. Litigation can involve formal discovery, motions and court hearings. While the case proceeds, the contract dispute may remain unresolved as project costs continue to build.
A court case can resolve contract claims and determine available remedies. However, the court process does not necessarily address the immediate business problem of keeping an active development on schedule. Other contractors may remain delayed and revenue dates may continue to change while the dispute proceeds.
How arbitration can keep work moving
Arbitration may offer a more focused process when the contract requires or permits it. The parties can present the specific contract issue behind the standoff, such as a price increase, supply delay or contested change order, to an arbitrator.
A narrower process may help separate the contract conflict from work that can continue on the project. Arbitration does not guarantee a quick result, but focusing on the issue holding up construction can reduce the risk that one dispute consumes the entire development.
Look beyond the amount in dispute
When a subcontractor standoff threatens an active development, the original contract dispute may no longer represent the project's greatest financial risk. The effect on financing, construction schedules and future revenue can become far more costly.
A review of the contract, the disputed issue and the wider effect on the project can provide a clearer picture of what is at stake. For developers and general contractors, identifying the issue that threatens progress can help frame the dispute around the project's most pressing business concern.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[New Hampshire law concerning ADUs continues to evolve]]>https://www.cbzlaw.com/?p=469002026-08-08T00:01:44Z2026-08-08T00:01:44ZHow the new law is intended to lessen “red tape”
Last year, New Hampshire changed the law to minimize the red tape previously required to convert part of their property to an ADU or build one on the property. However, according to one legislator behind the most recent law, some constituents were complaining that they still had to go to their local zoning board to get a building permit for their ADU.
One of the problems was that they were told they had a “non-conforming” structure because it didn’t meet current zoning requirements. Therefore, they had to get a variance (waiver) from the Zoning Board of Adjustments, which “adds, time, hassle and cost.”
Under the new law, non-conforming structures built prior to July 1, 2025 don’t need a variance for the owner to get an ADU permit. Those built after that won’t need a variance if zoning requirements change in the future as long as it was in compliance with the regulations in place at the time it was built.
Those who oppose the new law argue that it’s unnecessary and is only going to cause confusion -- both for local officials and those seeking ADU permits. Thus, they argue, it could actually curb ADU construction. With experienced legal guidance, however, property owners can better navigate the changing laws and regulations around ADUs, which is evolving regardless. Top of Form]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Can a condo association keep people from flying the U.S. flag?]]>https://www.cbzlaw.com/?p=468992026-07-25T23:21:12Z2026-07-25T23:21:12ZFederal and state law
Most people don’t realize that there is a federal law called the Freedom to Display the American Flag Act of 2005. That law says that community associations can’t restrict or prevent someone from displaying the flag correctly on their own property.
New Hampshire has a law that strictly applies to condominium associations. It says that an “association shall not prohibit the outdoor display of the United States flag in a manner consistent with the United States flag code…” and New Hampshire law governing the display of the flag.
It also states, “The association may adopt reasonable rules regarding the size of the flag and the manner in which the flag is displayed.” For example, it can’t extend into a common area or another unit owner’s property.
That means as long as someone is displaying the flag appropriately (for example, not upside down) and it remains within the space that they own and/or occupy, the association generally cannot require them to remove it.
Some people have very strong feelings around the American flag and what it represents. It’s critical for condo associations to ensure that they apply the law and their own regulations consistently. Having experienced legal guidance in codifying and enforcing these regulations can help prevent costly and time-consuming disputes accordingly.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Can a condo association prohibit pets?]]>https://www.cbzlaw.com/?p=468982026-07-17T13:27:51Z2026-07-17T13:27:51ZYes, a condo association, just like an HOA, may have restrictions regarding pets. The CC&R documentation that a person signs when they purchase the condo should inform them of these restrictions.
They can be different from case to case. For instance, some condos may ban pets entirely, or they may focus on a certain type of pet, such as banning dogs. In other cases, certain breeds of dogs may be prohibited, but others may be allowed. In still other situations, there may be size or weight restrictions. So while owning a dog would be allowed in general, it may only be permitted if it is a relatively small animal that fits within these guidelines.
Are there any exceptions?
Yes, there are sometimes exceptions, or a person may be able to get a variance. This allows them to break the standing rules that would apply to other condo owners.One example could be if someone has a disability and has a service animal. It may be necessary for their health and well-being to live with the service animal, which is viewed much differently than someone who simply wants to own a pet for companionship.Naturally, this can sometimes lead to conflict. A person may claim that they need a service animal or an emotional support animal, while the condo association classifies the animal as a pet and says that it is prohibited.In cases like this, it is very important for the parties involved to understand exactly what documentation is on file, how the rules and regulations apply and what legal steps they can take to navigate a dispute.
]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[5 important inclusions for New Hampshire condo vendor contracts]]>https://www.cbzlaw.com/?p=468902026-07-01T10:12:45Z2026-07-06T10:11:52Z1. Compliance with state rules
Under the New Hampshire Condominium Act (NH RSA 356-B), your board has strict fiduciary duties regarding common area maintenance, rule enforcement and financial management.
Additionally, you have to follow the condo’s governing documents and state law when entering contracts or handling disputes. If a vendor agreement goes beyond the board’s authority or conflicts with state law, it may not be valid.
2. Clearly defined scope of work
Vague contract terms can cause confusion and lead to disputes. To keep everyone on the same page, the agreement should clearly state the following:
Vendor’s plans and project deliverables
Total duration and timeline of the work
Complete materials list
The contract should also clearly describe the scope of work so both sides know exactly what is included. Having transparent and precise language can help protect your association and make it easier to hold the vendor accountable if the work is delayed or incomplete.
3. Direct insurance verification
Even if a vendor claims to be insured, it is best not to just take their word for it. You and your board members can require the seller to provide a current Certificate of Insurance (COI) named directly to the association. The COI can help verify that the vendor carries sufficient general liability, workers' compensation and umbrella coverage for the project's scale.
4. Explicit hold harmless provisions
If the contract terms state that the condominium association absorbs all the liability during an accident, it is best to avoid signing it. That kind of arrangement can leave the unit owners exposed to costs and claims that should be the vendor’s responsibility. Having a strong indemnification clause can prevent the vendor from holding your board accountable for losses caused by their own negligence, employees or subcontractors.
5. Proper pathways for termination
A termination for cause provision lets the board end the contract right away if the vendor fails to meet the agreed standards. Additionally, a termination for convenience clause allows the association to cancel the contract with 30 days’ notice, even without a breach. Both stipulations can give the condominium board flexibility to stop the service if needed or switch vendors.
Crucial steps to take before signing
Taking the time to ensure a vendor contract protects your association from unnecessary liabilities can help save money for your community. A lawyer can help review the agreement terms to help safeguard the neighborhood from costly legal blind spots.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Are lenders liable for rejecting pre-approved buyers?]]>https://www.cbzlaw.com/?p=468952026-06-30T23:40:04Z2026-06-30T23:40:04ZPre-approval is not the same as approval
A pre-approval letter is not a binding financial commitment. It is simply an official notice that a person or couple can theoretically qualify for a specific amount of mortgage financing. It helps buyers estimate their buying power and predict their monthly budget. It is not a promise of financing, and lenders can easily withdraw pre-approval when financial circumstances change.
Job loss, the excessive use of credit and other complications can justify a lender revoking pre-approval and refusing to finance a mortgage. In most cases, buyers have no recourse in that situation. If they do not have the right provisions in the offer they initially submitted, they are theoretically at risk of losing their earnest money, in addition to becoming unable to complete the transaction.
Working with a real estate attorney to include the right details in an offer or purchase agreement can reduce the risk of a financing issue causing lost funds and other buying setbacks. A lawyer can help people understand pre-approval, financing roadblocks and the language in dense real estate contracts that may otherwise leave them more exposed than they realize.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[2 concerns that may inspire boundary disputes]]>https://www.cbzlaw.com/?p=468892026-06-18T21:17:17Z2026-06-18T21:17:17Zcommon causes of these disputes?
Historical deeds
Due to a lack of formal surveying, many cases of boundary disputes involve older deeds. Some deeds dating back to the 1600s are still active and legally binding in New Hampshire. These deeds heavily relied on the metes and bounds system – using natural and temporary landmarks to state property lines.
Large trees, rivers, large boulders and stone walls, among other natural and artificial landmarks, were used as markers. These are vague markers, as they shift, disappear or die over time. A large oak tree can die, a river can change course, a stone wall can crumble and so forth.
Consequently, the exact boundary of a property may be left up to interpretation. Modern surveyors may disagree on the boundary of a property when they rely on different historical reference points. Neighbors may also interpret a vague historical deed differently to maximize their own land use.
Encroachments
Boundary disputes can occur when a neighbor unintentionally or deliberately builds a structure that extends across the legal property line. For example, a fence, garage, deck, garden, shed, footpath or driveway. This is frequently discovered when a property has a new owner, as they will get a boundary marking, or when an owner wants to make improvements on their property.
It’s crucial to solve an encroachment issue earlier. New Hampshire has a law that allows a property owner to legally claim ownership of a section of their neighbor’s land if they show adverse, continuous, exclusive and uninterrupted use of the land for 20 years (adverse possession).
Boundary disputes can lead to costly effects. It’s vital to take the appropriate steps early to protect your ownership rights. Seeking legal guidance is generally wise as a result.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[5 collection strategies for HOA assessment enforcement in condos]]>https://www.cbzlaw.com/?p=468872026-06-11T10:20:50Z2026-06-16T10:20:08ZSend written late notices early
Start with clear communication. Send a written reminder when an assessment is late. The notice should state the total amount due, any late fees and deadline for payment. New Hampshire law requires proper notification before your board can take any legal action. Early intervention often helps resolve issues before they escalate.
Apply interest charges properly
Your association can charge interest on unpaid assessments if your governing documents allow it. However, state law sets specific limits on these rates. While your internal bylaws can guide standard late fees, statutory law completely controls interest rates once collections progress to formal legal enforcement. This means any interest applied to judgment liens must strictly reflect the state’s maximum lawful rate. Make sure you apply these interest charges consistently across all delinquent accounts.
File a lien when necessary
A lien protects your association's financial interests. Under state law, you can file a lien against a unit for unpaid assessments. However, timing matters. Your association must file the lien within six months of the delinquency. The lien attaches to the property but does not remain indefinitely.
It will expire unless your board initiates a lawsuit to enforce it within six years of the recording date. You must record the lien with the county registry of deeds. This step creates a legal claim that can affect the owner's ability to sell or refinance.
Establish written payment plans
A payment plan can help owners with temporary financial challenges. In such cases, your board can set payment amounts and deadlines to help the owner catch up on their back dues. Make sure you get the agreement in writing. This can help reduce legal costs while recovering funds.
Maintain detailed records
Organized records can help your board track delinquencies. This can also show compliance with New Hampshire law. Keep records of all communications, payment histories and enforcement actions. Your files should include dates, amounts and copies of notices sent. Good recordkeeping also provides clarity if disputes arise.
Strengthening your collection process
Collection enforcement is never easy for any association. These strategies can help you protect your community while treating all homeowners fairly. Every situation is unique, and thoughtful enforcement can preserve positive relationships within the community.]]>On Behalf of Cronin Bisson & Zalinsky P.C.<![CDATA[Could a vacant office building become a new condo facility?]]>https://www.cbzlaw.com/?p=468862026-06-04T10:37:27Z2026-06-04T10:37:27ZWhat issues do developers face?
When converting an existing structure from a business facility to a residential property, there are many challenges ahead. First and foremost, the zoning for the property likely does not align with the intended residential use. Securing a variance or rezoning the property may be necessary before any development occurs.
Next, developers must ensure that the infrastructure within the building aligns with code requirements for residential properties. A higher density of outlets per square foot may be necessary. The condominium developer may need to install new HVAC systems or include heating and cooling costs in condominium fees.
Then there are egress and accessibility concerns to address. There are countless minor challenges that can delay condominium development projects or diminish the profit margins for the developing business.
Support from the earliest stages of redevelopment of an existing facility can be as important as proper support before purchasing unimproved land for development. Companies need help with due diligence, zoning issues and ensuring the property can meet the relevant code requirements. Partnering with a law firm that has experienced handling condominium development and code compliance can increase the chances of a successful project.]]>