Section 356-B:31 Relocation of Boundaries Between Units.
I. If the condominium instruments expressly permit the relocation of boundaries between adjoining units, then the boundaries between such units may be relocated in accordance with (a) the provisions of this section and (b) any restrictions and limitations not otherwise unlawful which the condominium instruments may specify. The boundaries between adjoining units shall not be relocated unless the condominium instruments expressly permit it.
II. If the unit owners of adjoining units whose mutual boundaries may be relocated desire to relocate such boundaries, then the principal officer of the unit owners' association, or such other officer or officers as the condominium instruments may specify, shall, upon written application of such unit owners, forthwith prepare and execute appropriate instruments pursuant to paragraphs III, IV and V.
III. An amendment to the declaration shall identify the units involved and shall state that the boundaries between those units are being relocated by agreement of the unit owners thereof, which amendment shall contain conveyancing between those unit owners. If the unit owners of the units involved have specified in their written application a reasonable reallocation as between the units involved of the aggregate undivided interest in the common areas appertaining to those units, the amendment to the declaration shall reflect that reallocation.
IV. If the unit owners of the units involved have specified in their written application a reasonable reallocation as between the units involved of the aggregate number of votes in the unit owners' association allocated to those units, an amendment to the bylaws shall reflect that reallocation and a proportionate reallocation of liability for common expenses and rights to common profits as between those units.
V. Such site plans and floor plans as may be necessary to show the altered boundaries between the units involved together with their other boundaries shall be prepared, and the units depicted thereon shall bear their identifying numbers. Such site plans and floor plans shall indicate the new dimensions of the units involved, and any change in the horizontal boundaries of either as a result of the relocation of their boundaries shall be identified with reference to established datum and shall state which established datum is used. Such site plans and floor plans shall be certified as to their accuracy and compliance with the provisions of this paragraph by a licensed land surveyor in the case of any site plan and by a registered architect, licensed land surveyor or registered engineer in the case of any floor plan.
VI. When appropriate instruments in accordance with paragraphs III, IV and V have been prepared, executed, and acknowledged, they shall be delivered forthwith to the unit owners of the units involved upon payment by them of all reasonable costs for the preparation and acknowledgment thereof. Said instruments shall become effective when the unit owners of the units involved have executed and recorded them, and the recordation thereof shall be conclusive evidence that the relocation of boundaries thus effectuated did not violate any restrictions or limitations specified by the condominium instruments and that any reallocations made pursuant to paragraphs III and IV were reasonable.
VII. Any relocation of boundaries between adjoining units shall be governed by this section and not by RSA 356-B:32. RSA 356-B:32 shall apply only to such subdivisions of units as are intended to result in the creation of 2 or more new units in place of the subdivided unit.
Source. 1977, 468:1. 1990, 6:3, eff. April 24, 1990.