The nature of condo ownership can make the laws surrounding it a little tricky. While each resident owns their own condo, the units are part of a larger development they do not own. However, your condo is still your home and your property, which is why our team at Feniger, Uliasz & Stacey is here to help you navigate the complexities of NH condominium law.
In this article, we’ll explain NH condominium law in light of how it differs from other property laws.
Ownership Structure
Condos have both individual and shared ownership. Individual ownership applies to the separate units. Each condo owner owns their unit and any associated property, such as a lawn or patio. Condo owners also share ownership of common areas, such as hallways, elevators, or recreational facilities. This shared ownership involves a legal entity, usually a condo association, which manages and maintains the common areas.
Governing Documents
Because condos are part of a defined community, there are governing documents that don’t apply to other properties. Condo associations will have a governing document, sometimes called a “Declaration” or “Master Deed,” which outlines the rights and responsibilities of individual owners, the condominium association, and the rules of the community.
Condo Associations
Condominium communities are different from neighborhoods or apartment complexes. In an apartment complex, the owner of the building sets the rules, and the renters agree to them as part of their lease or rental agreement. In a normal neighborhood, everyone owns their individual properties. Condo communities are somewhere in between. A condo association is established to make decisions about maintenance, improvements, repairs, or other issues that affect the entire community.
Maintenance and Repairs
NH condominium law also covers who is responsible for maintenance and repairs. For the most part, individual owners are responsible for their own units, while the condo association takes care of communal areas. However, there can be exceptions based on the cause of the damage.
Dispute Resolution
Because individual condo units are very close to each other or physically connected, disputes between owners are not uncommon. Condo law includes specific mechanisms for resolving these disputes or disputes between an owner and the association. Usually, the solution is mediation or arbitration rather than litigation.
NH Condominium Law | Feniger, Uliasz & Stacey
If you own a condo or are about to buy one, it’s important to understand NH condominium law. Our team at Feniger, Uliasz & Stacey is here to help you navigate the relevant statutes and resolve legal issues.