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NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -JUNE 2019 21 first instance, notify all residents that the Board intends to enforce all age restric- tions (including as they pertain to the use of common facilities). Thereafter, in the case of violations, the Board should fol- low up with specific enforcement notices in a measured response to any offenses. Typically, we advise a warning, followed by a fine. If this does not compel com- pliance, the Board should consider en- gaging legal counsel to determine if sus- pension of pool privileges or even legal action may be warranted.” Are We Grandfathered? Q The New Hampshire condo community I live in was estab- lished in 1974 and the Decla- ration cites in part: “Condominium use and ownership in accordance with the provisions of the New Hampshire Unit Ownership of Real Property Act (Chap- ter 479-A, New Hampshire Revised Stat- utes Annotated, 1955)”. The president of our board of direc- tors has consistently stated that our as- sociation is not governed by the current Chapter 356-B Condominium Act — nor, most especially, any of its new require- ments — because we are completely grandfathered in under the 1955 Real Property Act. As a point of reference, under 356-B:2 Application (of the Condominium Act) it states: “I. This chapter shall apply to all condominiums and to all condominium projects. This chapter shall be deemed to supersede RSA 479-A, the New Hampshire Unit Ownership of Real Property Act; and no condominium shall be established un- der the latter on or after September 10, 1977. This chapter shall not be construed to affect the validity of any provision of any condominium instrument recorded prior to September 10, 1977. Nor shall this chapter, except as set forth in paragraphs II and III, be deemed to apply to any real estate, or any interest therein, submitted to the provisions of RSA 479-A prior to Sep- tember 10, 1977.” I am not questioning the fact that our 1974 Declaration and related documents are still valid. However the very first sen- tence “This chapter shall apply to all con- dominiums ....” must also mean that our community and board are required to abide by any revisions to the Condo Act (such as took place in 2016). Who is right in this instance? If the board is wrong, how do we as own- ers compel them to abide by the law? I sincerely hope this does not entail taking them to court to make them comply. —Stumped in New Hampshire Q&A continued from page 5 A “In review of the quoted provision of the Act, the first sentence is unfortunate in that it provides an impression of general applicability of RSA 356-B,” says Gary M. Daddario, Partner, in the Merrimack, New Hampshire office of Marcus, Errico, Em- mer & Brooks PC. “However, the sentences that follow carve out exceptions that argu- ably render the first sentence to be almost misleading (though I am certain this was not the intent). “In particular for purposes of the case presented, the last sentence provides that nor shall this chapter apply to association submitted to RSA 479-A prior to Septem- ber 10, 1977. Then, of course, there is the third sentence of the provision which provides that RSA 356-B shall not affect the provisions of the condominiums sub- mitted to RSA 479-A prior to September 10, 1977. “Reading that third sentence in con- junction with the final sentence, we see that pre-1977 condominiums still have valid, original documents as written and that RSA 356-B shall not apply to them (except as noted per Parts II and III). Thus, unless the exceptions of Parts II or III apply, reading the sentences of RSA 356-B:2 together, the conclusion is that the Association is not obligated to follow RSA 356-B.” n Do you have an issue with your board? Are you wondering how to solve a dispute with a neigh- bor? Can’t find information you need about a building’s financ- es? Our attorney advisors have the answers to all of your legal questions. Write to New England Condominium and we’ll pub- lish your question, along with a response from one of our attor- ney advisors. Questions may be edited for taste, length and clar- ity. Send your questions to: patgale@yrinc.com. Q&A Disclaimer: The answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specific circumstances. Always seek the advice of competent legal counsel or other qualified professionals with any questions you may have regarding technical or legal issues. leadership and long-term dedication to CAI. Taylor has served as a CAI faculty member for five different courses in the Professional Management Development Program (PMDP), mentoring managers and sharing her expertise. Michael E. Packard, PCAM, was award- ed Educator of the Year, which honors an individual who has excelled in elevating the quality of CAI’s education programs by developing, teaching, or leading a significant national course. Packard, a member of CAI’s San Diego Chapter, has been a member since 1982 and was among the first 20 indi- viduals to earn the Professional Community Association Manager (PCAM) designa- tion. Since then, he has taught CAI’s PMDP courses all over the world to thousands of people. His teaching for CAI and other orga- nizations has taken him across the U.S. and to Australia, Canada, Japan, Poland, Russia, and United Arab Emirates (Dubai). The Georgia Legislative Action Committee was named Legislative Action Committee of the Year, an honor that rec- ognizes a state legislative action committee for demonstrated organizational excellence, strong member support, and successfully raising the visibility and effectiveness of CAI. In 2018, the Georgia LAC and CAI members spent many hours protecting community associations in Georgia by defeating legisla- tion that unreasonably capped fees charged by associations or their managing agents for important information and documents provided to prospective homebuyers at the time of resale of a home within a community association. Fifty-six CAI homeowner leader mem- bers received the Award of Excellence in Government and Public Affairs on behalf of their volunteer service with CAI’s 36 legisla- tive action committees. These homeowner leaders have the responsibility of represent- ing their fellow homeowners to help indus- try professionals and lawmakers better understand how laws and regulations impact today’s community association residents. Kenneth Zook, CMCA, AMS, PCAM, was recognized as CAI’s Recruiter of the Year, an honor given to a member who has demonstrated continued leadership by sup- porting CAI membership campaigns and recruiting the greatest number of new mem- bers during the year. Zook is a member of the Central Florida Chapter, and he recruit- ed more than 100 members in 2018. Marvin J. Nodiff, Esq., a retired attorney in St. Louis, has been a regular contributor to CAI’s Common Ground™ magazine, and is the author of numerous industry publica- tions. He was awarded Author of the Year, a recognition that honors a volunteer who consistently provides extensive and timely editorial support and content expertise by writing, editing, and reviewing CAI publi- cations and/or newsletters, authors a new, PULSE continued from page 4 significant publication, or otherwise authors materials of significance to CAI’s mission. Kelly G. Richardson, Esq., of California, was honored with the Byron Hanke Award. Named for one of CAI’s original founders, this award is presented periodically to an individual who supports the education of and research for homeowners and home- owner-controlled associations. He and his colleagues created the California CID Law Course—the homeowner education course in California—and is one of the advocates behind the highly successful California Legal Forum. He has served as a member of the College of Community Association Lawyers Membership Committee, Audit Committee, Foundation for Community Association Research Board of Directors, and CAI Board of Trustees, including a term as CAI presi- dent in 2016. Kelly is a patient and dedicated advocate for homeowner leaders and the community association housing model. For a complete list of honorees and award recipients, including chapter awards, visit www.caionline.org/CAIAnnualAwards Residential Projects Receive Preservation Awards Four historic residential restoration proj- ects were honored last month at the 2019 Preservation Awards hosted by Preservation Massachusetts, a non-profit organization dedicated to preserving the Commonwealth’s historic and cultural heritage. The winners were feted at the Fairmont Copley Plaza Hotel on May 8 at “Preservation Is,” an awards program that “celebrates and educates on how preservation is far more than just historic buildings and landscapes,” according to the New England Real Estate Journal. Universal Window and Door of Marlborough, Massachusetts, a manufac- turer of custom window solutions for his- toric restoration and commercial construc- tion projects, provided windows for the four projects. Universal supplied historic windows to winners in two categories: the Wood Worsted Mill in Lawrence and the Jackson St. Lofts in Lowell, which were honored as recipients of the Paul & Niki Tsongas Award, and Yarn Works Apartments in Fitchburg and the Lowell Community Health Center: Phase II, which were awarded the Mayor Thomas M. Menino Legacy Award. Industry News CAI Launches HOA Resources Community Associations Institute (CAI) has launched HOAResources.com, a new digital media brand produced by the non- profit organization. The news site engages in critical discus- sions of key issues arising within the com- munity association housing model—includ- ing open communication between residents and association leaders, a commitment to transparency in governance, dedicated vol- unteers, and adherence to best practices for association governance and management, continued on page 22