New Hampshire 2023 Regular Session

New Hampshire House Bill HB178

Introduced
1/3/23  

Caption

Relative to the enforcement of condominium liens for assessments.

Impact

The bill modifies the existing laws regarding condominium associations by specifying procedures for filing lawsuits to enforce liens. It requires prior notice to unit owners and institutional lenders before a lawsuit can be initiated. By streamlining the foreclosure process, the legislation intends to reinforce the financial integrity of condominium associations, thereby potentially enhancing their ability to operate without financial strain due to unpaid assessments. The enforcement of such liens is expected to provide clarity and predictability in the management of communal living situations.

Summary

House Bill 178 addresses the enforcement of liens for assessments in condominiums. The bill allows condominium associations to initiate foreclosure proceedings to recover outstanding assessments owed by unit owners. This legislative change is aimed at clarifying the process for collecting unpaid dues and ensuring that these associations can effectively manage their finances by recovering funds needed for communal maintenance and services.

Sentiment

Overall sentiment around HB 178 appears to be supportive from those who believe it will help protect the financial interests of condominium associations. Advocates argue that efficient collection of dues is vital for the sustainability of these communities, which often depend on timely assessments for essential repairs and services. However, there may be concerns among some homeowner advocacy groups about the balance of power between unit owners and associations, especially related to the implications of foreclosure proceedings.

Contention

Notable points of contention around this bill include the potential impact on unit owners facing financial difficulties. Critics may argue that allowing associations to enforce liens through foreclosure can lead to severe consequences for homeowners who may already be struggling. The requirement for notice before legal action is a safeguard, yet the threshold for initiating such actions raises questions about the rights of unit owners versus the powers of associations. There may also be differing views on how the costs associated with legal enforcement are handled within the overall assessment structure.

Companion Bills

No companion bills found.

Previously Filed As

NH HB178

Relative to the enforcement of condominium liens for assessments.

NH HB2648

Condominiums; planned communities; lien; assessment

NH SB2727

Relating To Condominiums.

NH SB191

Relating To Condominiums.

NH HB641

Relating To Condominiums.

NH HB1692

Relating To Condominiums.

NH SB235

Relating To Condominiums.

NH HB1146

Relative to condominium instruments and condominium special assessments.

NH HB106

Relating To Condominiums.

NH SB591

Relating To Condominiums.

Similar Bills

No similar bills found.