Q&A: Are We Grandfathered?

Q. The New Hampshire condo community I live in was established in 1974 and the Declaration cites in part: “Condominium use and ownership in accordance with the provisions of the New Hampshire Unit Ownership of Real Property Act (Chapter 479-A, New Hampshire Revised Statutes Annotated, 1955)”.

The president of our board of directors has consistently stated that our association is not governed by the current Chapter 356-B Condominium Act — nor, most especially, any of its new requirements — 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 under 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 September 10, 1977.” 

 I am not questioning the fact that our 1974 Declaration and related documents are still valid. However the very first sentence “This chapter shall apply to all condominiums ....”  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).   

Read More...

Related Articles

Governing By the Book

Deviating From Governing Docs Can Cost You

Amending Rules

Updating Bylaws and House Rules to Fit Your Community

Resident Rights

Knowing Them, Upholding Them