Bill Text: NH HB1283 | 2014 | Regular Session | Introduced
Bill Title: Relative to revival of a charter by a voluntary corporation or association.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-17 - Signed by the Governor on 7/11/2014; Chapter 0179; Effective date 9/9/2014. [HB1283 Detail]
Download: New_Hampshire-2014-HB1283-Introduced.html
HB 1283 – AS INTRODUCED
2014 SESSION
05/04
HOUSE BILL 1283
AN ACT relative to a homeowners association’s authority to collect back dues following revival of the association’s charter.
SPONSORS: Rep. K. Souza, Hills 43
COMMITTEE: Commerce and Consumer Affairs
This bill prohibits a homeowners association that revives its charter under RSA 292:30 from collecting back dues and fees from its members for the period during which the charter was repealed or revoked. It also provides that actions by the association at times when the charter was not in effect are not binding.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2376
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to a homeowners association’s authority to collect back dues following revival of the association’s charter.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Voluntary Corporations and Associations; Revival of Charter. Amend RSA 292:30, III to read as follows:
III. Upon the filing of the certificate of revival, the corporation shall be revived with the same force and effect as if its charter had not been forfeited pursuant to this subdivision. Such reinstatement shall validate all contracts, acts, matters and things made, done and performed within the scope of its charter by the corporation, its officers and agents during the time when its charter was forfeited pursuant to this subdivision, with the same force and effect and to all intents and purposes as if the charter had at all times remained in full force and effect, except as provided in [paragraph] paragraphs IX and X. All real and personal property, rights and credits, which belonged to the corporation at the time its charter became forfeited pursuant to this subdivision and which were not disposed of prior to the time of its revival shall be vested in the corporation after its revival as fully and amply as they were held by the corporation at and before the time its charter became forfeited pursuant to this subdivision; and the corporation after its revival shall be as exclusively liable for all contracts, acts, matters and things made, done or performed in its name and on its behalf by its officers and agents prior to its reinstatement, as if its charter had at all times remained in full force and effect.
2 New Paragraph; Revival of Charter by Homeowners Associations. Amend RSA 292:30 by inserting after paragraph IX the following new paragraph:
X. A homeowner’s association that reinstates its charter under this section shall not be permitted to assess back dues and fees from members of the association for the period during which the charter was repealed or revoked; nor shall reinstatement of the charter validate any contracts, acts, matters and things made, done and performed within the scope of the association’s charter during the period of forfeiture.
3 Effective Date. This act shall take effect 60 days after its passage.
