Reference Library

Condominiums

• Legal Q & A: Condominiums and Land Use Controls
  New Hampshire Town and City, July/August 2011
  Condominiums have been around for several decades. By now most people understand that a condominium is not a type of apartment building, but a special system of real property ownership that includes individually owned "units" and areas owned in common by the unit owners ("common areas"). In New Hampshire condominiums are controlled comprehensively by RSA 356-B. Most municipal officials involved in land use control know that condominium developments can be regulated and are at least generally aware that municipalities are obligated to treat condominiums the same as other physically identical development projects. At the same time, there is uncertainty because condominiums do not fit the traditional dimensional criteria for land use controls, which are based on lots of determinate size and shape. Sometimes condominium units include discrete parcels of land, but more often their boundaries are defined by the walls, ceilings and floors of buildings. Frequently the common area is simply all the land, improvements and space that is not devoted to units. Condominium projects, therefore, may or may not include boundaries that are useful for administration of traditional land use controls. Moreover, RSA 356-B establishes some unique standards for application of land use regulations to condominiums.
• When do subdivisions need to be registered with the Attorney General’s Office?
  Any subdivision of 15 lots or more must register with the Attorney General’s office under the Land Sales Full Disclosure Act (RSA 356-A). Condominium development of 11 or more units must also register with the AG under the Condominium Act (RSA 356-B).
• For questions about state approval for condominiums, contact the Attorney General’s Office (271-3641) Consumer Protection Bureau and speak with Mary Gould.
• See a Plan-link posting and reply of the applicability of Bussiere v. Roberge relative to the definition of "subdivision" and condominium conveyance.
• See a Plan-link posting and reply of a question regarding the applicability of subdivision and site plan review for a condominium project.