New Hampshire Bills Impacting Timeshare Tabled for 2013

2013-06-25

Issue Brief

ARDA-ROC has been actively involved in the legislative process in New Hampshire for four years now, and year-after-year issues have arisen impacting the timeshare industry.  This year has been no different, with ARDA-ROC engaged on three bills. 

Impact

The first bill proposed to establish an independent grievance board where condominium HOA members could file formal complaints against their boards of directors and property managers. The grievance board would then use the complaints to determine if corrective legislation was needed. The legislation would have abolished the existing condominium law study committee and replaced it with what ARDA-ROC believes is a more complex, less focused board. The second bill proposed mandatory certification for property management activity, which would have been required through the Community Associations Institute (CAI). No grandfathering provision was provided for existing management relationships, but the bill exempted HOA support staff, including bookkeepers, administrative assistants, secretaries, property inspectors, or customer service representatives who perform functions otherwise qualifying as property management under the bill. The last bill would have established a new procedure to remove condominium board members by majority vote at a special meeting. The special meeting could be called by petition of owners representing 25% of the votes in the association, or 100 votes, whichever is less. Currently, the ability to call such a recall special meeting is dictated by the condominium instruments.

Position/Call to Action

ARDA-ROC was actively involved with the bills throughout the 2013 legislative session year and made the following recommendations.  On the second bill, ARDA-ROC recommended that ARDA’s RRP designation serve as an alternative to the CAI designation for property managers who manage timeshare resorts.  On the third bill, ARDA-ROC advocated for an exemption for legal counsel, who frequently assist HOA’s with conduct of meetings and other qualifying activities.

Resolution

All three pieces of legislation were ultimately tabled for the 2013 legislative session.  ARDA-ROC will remain vigilant during the 2014 legislative session year as the bills may be introduced again. 

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