Bill Text: NH HB1519 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to the conduct of condominium unit owners' associations votes without a meeting.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Passed) 2018-06-12 - Signed by Governor Sununu 06/08/2018; Chapter 187; Eff. 8/7/2018 [HB1519 Detail]

Download: New_Hampshire-2018-HB1519-Introduced.html

HB 1519 - AS INTRODUCED

 

 

2018 SESSION

18-2307

10/03

 

HOUSE BILL 1519

 

AN ACT requiring retention of ballots by a condominium association.

 

SPONSORS: Rep. Webb, Rock. 6; Rep. LeBrun, Hills. 32; Rep. Dowling, Rock. 6; Rep. Pantelakos, Rock. 25; Rep. Rouillard, Hills. 6; Rep. Baroody, Hills. 43; Rep. Tripp, Rock. 6; Rep. Ellis, Straf. 8; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9; Sen. Feltes, Dist 15

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires the retention of ballots in votes by a condominium association and allows for inspection of the ballots and tally sheet.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2307

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring retention of ballots by a condominium association.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Condominiums; Voting by Ballot.  Amend RSA 356-B:39-a by inserting after paragraph IV the following new paragraph:

V.  All ballots cast related to a association vote shall be kept for a period of at least one year, with a tally sheet for the vote, and sealed.  If more than one ballot item was voted on, the board may elect to seal and keep ballots and corresponding tally sheet in separate envelopes, or may elect to keep and seal them together with a master tally sheet  The ballots and tally sheets shall be made available for inspection by any owner.  During any inspection one or more members of the board  of directors and at least one additional owner shall be present.  A log shall be kept every time the ballot seal is broken.  The log shall include the unit number and the date, time, and signature of the unit owner and the members of the board of directors present.  The ballots shall be re-sealed in the presence of the board members and owner requesting the inspection upon completion of the inspection.  At no time shall any ballot seal be broken unless there are 2 people present, one of whom shall be a member of the board of directors, and one of whom shall be an owner who is not a member of the board of directors.  Once the votes by ballot have been cast, no person listed as a candidate on the ballot shall touch the ballots for that vote.  An owner listed as a candidate may designate another person to represent the owner in inspecting ballots, provided the owner requesting the inspection is present to sign the tally sheet.

2  Effective Date.  This act shall take effect 60 days after its passage.

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