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NH - To Amend or Not To Amend?
My apologies in advance if yet another mention of this topic hurts your eyes, ears, or head. But one of the most talked about subjects of the past few years has been HB 353, the New Hampshire Condominium Act’s substantial amendment. As I suspect you already know, the sweeping changes of HB 353 became effective as new parts of RSA 356-B in August 2016. Since that time, the question I am most often asked by New Hampshire associations is, “Do we have to amend our documents to be in compliance with the Act?” The answer is “maybe.” I’ll explain. The amended provisions of the act now contain multiple statements beginning with the phrase “the bylaws shall.” If your bylaws already contain language satisfying the remainder of each such statement, you are not required to amend. Conversely, if your bylaws lack any of the required language, then an amendment on one or more of these points is necessary. Your legal counsel should be engaged to cross-reference the provisions of the act with the language in your documents.