Current through Register No. 50, December 12, 2024
Section Jus 1405.03 - Comprehensive Application for Registration(a) Every declarant applying for registration of a condominium of more than 25 units shall complete the "Comprehensive Application for Registration" Form CPLC100, (August, 2019) and shall file the application at the offices of the bureau. (b) Application shall be made on Form CPLC100 (August, 2019) for any condominium that upon construction or addition of all of the units which the condominium instruments reserve the right to construct or add, would include more than 25 units.(c) An applicant filing an application for registration under this section shall attach the following documentary evidence as appendices to that application:(1) Copies of each legal instrument pertaining to the organization of the declarant business entity, including all amendments thereto as "Appendix A";(2) Principal background statements completed pursuant to Jus 1405.04 as "Appendix B"; (3) A statement of the condition of title to the condominium, in the form of a title opinion of a licensed attorney, not under salary to the declarant, or other evidence of title acceptable to the bureau as "Appendix C";(4) A copy of the condominium declaration as "Appendix D1"; (5) A copy of the condominium bylaws as "Appendix D2";(6) Copies of any other condominium rules and regulations as "Appendix D3"; (7) Copies of the condominium site and floor plans as "Appendix D4";(8) Copies of all governmental approvals and permits as "Appendix E";(9) Copies of any financial assurances that have been posted with any governmental entity to secure completion of any promised improvement as "Appendix F";(10) A copy of the projected budget for at least the first year of the condominium's operation as "Appendix G";(11) A financial statement of the declarant pursuant to Jus 1405.11 as "Appendix H";(12) Copies of any mortgages, liens, or other financial encumbrances on any unit, common area, or limited common area as "Appendix I";(13) A statement of the plan of financing the improvements in the condominium and the maintenance thereof pursuant to Jus 1405.09 as "Appendix J";(14) Copies of all promotional materials currently available as "Appendix K"; (15) Copies of all legal instruments that the declarant will deliver to the purchaser to evidence his interest in any unit, and any other agreement that a purchaser is required to sign, as "Appendix L";(16) Copies of any management contracts or other contracts, including leases, affecting the use, maintenance or administration of, or access to all or part of the condominium as "Appendix M";(17) Copy of the proposed public offering statement as "Appendix N"; and, (18) Copies of all legal instruments relating to the unit owners association as "Appendix O";(d) An applicant filing an application for registration under this section shall complete and attach the following affidavits and resolutions to that application: (1) A notarized affidavit affirming that all of the information contained in the application is true, correct, and complete; (2) A certificate of resolution authorizing a personal representative of the declarant to make and file the application with the bureau; (3) A certificate of appointment authorizing and appointing the office of the attorney general to receive service of legal process in any non-criminal proceeding arising under RSA 356-B against the declarant or any of its personal representatives; and, (4) A notarized affidavit of an attorney licensed to practice law in New Hampshire affirming that the condominium instruments and legal documents comply with the provisions of RSA 356-B and Jus 1400..N.H. Admin. Code § Jus 1405.03
(See Revision Note at chapter heading for Jus 1400) #9783-B, eff 9-11-10
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12910, Effective 10/24/2019, Expires 10/24/2029.