Current through Register No. 50, December 12, 2024
Section Jus 1404.03 - Application(a) A declarant requesting an exemption from registration pursuant to Jus 1404.02 shall complete the "Application for 25 Unit Exemption" Form CPLC121, (August, 2019) and shall file the application at the offices of the bureau. (b) An applicant filing an application for exemption under this section shall attach the following documentary evidence as appendices to that application: (1) The name, address, date of birth, and main occupation for the past 5 years of every principal of the declarant as "Appendix A"; (2) The name, location, and bureau file number of all other condominium or subdivisions that the declarant has been affiliated or associated with as "Appendix B";(3) The name and address of each purchaser to whom the declarant, its principal, agent, or any other person has offered or disposed of any interest in a unit prior to the condominium being registered or exempted by the bureau, as well as the dates of any such offers or dispositions and copies of all sales agreements, as "Appendix C"; (4) 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, that the declarant will be able to convey, or cause to be conveyed, good and marketable title to the interest in the units offered for disposition as "Appendix D"; (5) Copies of all governmental approvals and permits as "Appendix E";(6) A copy of the condominium declaration as "Appendix F1"; (7) A copy of the condominium bylaws as "Appendix F2"; (8) Copies of any other condominium rules and regulations as "Appendix F3"; (9) Copies of all financing documents pursuant to Jus 1405.10 as "Appendix G"; (10) Copies of all contracts for maintenance of the condominium as "Appendix H"; (11) A copy of the projected budget for at least the first year of the condominium's operation as "Appendix I"; and(12) A copy of the proposed purchase and sale agreement as "Appendix J"; (c) An applicant filing an application for exemption 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 1404.03
(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.