New Hampshire House Bill HB1129

New Hampshire 2024 Regular Session

• Introduced: 11/28/23
• Refer: 11/28/23
• Report Pass: 3/20/24
• Engrossed: 4/2/24
• Refer: 4/2/24
• Report Pass: 4/25/24
• Enrolled: 7/2/24
• Chaptered: 7/26/24
• Passed: 7/26/24

Caption

Relative to the authority to vote by proxy in a condominium association.

Impact

The implications of HB 1129 are significant for condominium governance. By clarifying the types of proxies, it enhances the ability of associations to acquire a majority vote even when individual unit owners are not physically present. The new regulations aim to ensure fair representation of unit owners’ decisions in the governance of their condominium, while safeguarding the process by establishing rules around the execution and integrity of proxies. This could lead to more organized and transparent voting sessions, encouraging participation from unit owners.

Summary

House Bill 1129 focuses on amending the authority to vote by proxy within condominium associations. This bill introduces the definitions of directed and undirected proxies, enabling unit owners to select how they wish to vote in absentia. A directed proxy allows unit owners to instruct their proxy on how to vote on specific issues, while an undirected proxy grants the proxy holder the discretion to decide on the voting matters at hand. This shift aims to streamline the voting process for unit owners who cannot attend meetings in person.

Contention

Despite its intended benefits, there are several points of contention surrounding HB 1129. One concern is the potential for misuse of proxies, particularly undirected ones, which could lead to situations where a proxy holder might prioritize their interests over those of the unit owners they represent. Some believe that the bill may dilute the control unit owners have over their votes, risking a shift in power dynamics within the associations. Additionally, the proposed regulations on proxy execution and revocation add layers of complexity that could be confusing for some unit owners, prompting discussions about the necessity and practicality of these changes.