The Birches Condominium Association

Key facts from The Birches Condominium Association's documents

Reflects the 2004 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (Title 'The Birches, A Condominium'; RSA )

Units / lots

176 (Certification of Vote (Book 7176 PG1785))

Governing law

New Hampshire Condominium Act (RSA 356-B) (Declaration §2(A); Amendment to Declarat)

Age restriction

Original restriction requiring 96 units to be occupied by households with head or spouse 55+ was deleted by amendment recorded March 31, 1994 (Book 5535, Page 1712). However, a subsequent affidavit notes the Town of Merrimack still consider (Amendment to Declaration (Book 5535, Pag)

Special assessments

Board may levy further assessment if budget proves inadequate. (Bylaws §5.2)

Collections & liens

Unpaid assessment plus late fee and costs (including attorneys' fees) is a lien on the unit enforceable by sale under power of sale or foreclosure. Owner must vacate upon foreclosure; liable for reasonable rental if not. (Bylaws §5.4; Declaration §10)

Reserves & fees

Operating reserve and reserve for replacement of common area funded by monthly payment. Replacement reserve in separate account. Working capital fund also maintained. (Bylaws §5.2)

Leasing & rentals

Yes, owners may lease units provided tenants comply with governing documents. (Declaration §3(F)(1) last sentence: 'not)

Insurance

Owners should obtain insurance for personal property and improvements over $1,000 not reported to Board. (Declaration §3(G)(2)(d))

Use restrictions

Units for private residential purposes. Limited professional use may be authorized by Board if compatible with residential character. (Declaration §3(F)(1))

Voting & meetings

One vote per unit. Owners may vote in person or by proxy. Multiple owners must act unanimously to cast the vote. (Declaration §3(E); Bylaws §3.5)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.