relative to a certain exemption in interest in condominium units and abbreviated registrations.
What changed between versions
The unit threshold for the condominium exemption was raised from 10 to 25 units (the Senate version had set it at 20). This means condominiums with up to 25 units are exempt from the state's condominium registration requirements, making it easier for smaller developers to sell units without going through the registration process.
A new commission (RSA 356-B:71) was established to study the New Hampshire Condominium Act. The five-member commission includes two House members, one Senate member, a condominium developer, a real estate attorney, and a department of justice representative. It must report findings and legislative recommendations by November 1, 2027, with a focus on reducing administrative burdens, modernizing the law, and expanding attainable homeownership opportunities.
RSA 356-B:51, II, which governed abbreviated condominium registrations, is fully repealed. This eliminates an existing streamlined registration pathway that was available for certain condominium projects.
The financial documentation requirements for condominium declarants were loosened. The previous requirement for personal financial statements and two years of federal tax returns from all principals holding more than 25% ownership interest was removed. It is replaced with a provision allowing the attorney general to require documentation demonstrating financial capacity to finance and complete the project. A new confidentiality provision was added protecting financial information filed with the attorney general.
The effective date was changed from a uniform 60 days after passage (Senate version) to immediate effect upon passage for most provisions, with the commission's prospective repeal taking effect November 1, 2027.
A new provision was added to RSA 356-B:2, III addressing condominium instruments recorded before September 10, 1977 that are later amended to create 10 or more additional units, clarifying which parts of the act apply to those additional units.