RSA 356-B:54 · Notice of Filing and Registration

356-B:54 Notice of Filing and Registration. –

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I.

Upon receipt of the application for registration in proper form, the attorney general shall, within 10 business days, issue a notice of filing to the declarant. Within 60 days from the date of the notice of filing, the attorney general shall enter an order registering the condominium or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the condominium shall be deemed registered unless the declarant has consented in writing to a delay.

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II.

If the attorney general affirmatively determines, upon inquiry and examination, that the requirements of this subdivision have been met, he shall enter an order registering the condominium.

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III.

If the attorney general determines upon inquiry and examination that any of the requirements of this subdivision have not been met, the attorney general shall notify the declarant that the application for registration must be corrected in the particulars specified within 15 days. If the requirements are not met within the time allowed, the attorney general shall enter an order rejecting the registration, which shall include the findings of fact upon which the order is based. During said 15 day period the declarant may petition for reconsideration and shall be entitled to a hearing within 15 days of receipt by the attorney general of said petition. The attorney general shall enter his findings on said petition within 10 days of said hearing. The attorney general shall not order a rejection of the registration until such time as the hearing, once requested, has taken place and the attorney general has entered his findings thereon, or such petition is withdrawn; provided, however, that if by the time that said findings are entered, all of the particulars specified in the attorney general's notice have been corrected or, as a result of the attorney general's reconsideration and hearing, have been met to the attorney general's satisfaction, the attorney general shall order registration of the condominium.

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IV.

The declarant shall not make any material change in the plan of disposition or development of the condominium contained in an application for registration without notifying the attorney general, obtaining his prior approval and making appropriate amendment of the public offering statement.

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V.

(a) Any extension of a time limit set forth in a declaration and relating to RSA 356-B:16, III(c), RSA 356-B:16, IV(c), or RSA 356-B:23, III shall be effective upon the recordation of an amendment reflecting the agreement of owners of substantially completed units to which 2/3 of the votes in the unit owners' association appertain, or such larger majority as the condominium instruments may specify and if the existing rights to expand or contract the condominium or to exercise convertible land rights have expired, such an amendment shall also require a 4/5 vote of all unit owners of substantially completed units who are present or voting by proxy at a duly called and noticed meeting of the unit owners' association. The amendment shall be deemed a material change requiring submission to the agency of both a copy of the amendment and a certification to include the following information:

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(1)

The necessary vote that was obtained.

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(2)

The date that the declaration was originally recorded.

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(3)

The date that the amendment under this section was recorded.

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(4)

The number of units that are substantially completed.

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(5)

The number of units that may be added to the condominium by reason of conversion or expansion.

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(b)

The certification shall be filed on a specific form made available by the attorney general upon request. Any amendment made pursuant to this section shall be clearly and conspicuously disclosed in any public offering statement that is required for the condominium. A copy of such disclosure shall be submitted to the attorney general, but does not require his approval. However, any defects or ambiguities noted therein by the attorney general and communicated to the submitting party shall be corrected prior to any further use or distribution of the statement.

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VI.

[Repealed.] Source. 1977, 468:1. 1985, 300:7, I(b). 1991, 110:6. 1995, 263:1, 4, eff. Aug. 18, 1995; 263:5, eff. Jan. 1, 1999.

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