SECTION 1. General Powers and Privileges. The Board shall have those powers
which include but which are not necessarily limited to the following, together with such
other powers as may be granted herein or by law, or in the Condominium Declaration, or
which may be necessarily implied:
(a) Employ by contract or otherwise, a manager, managing agent or an independent
contractor, to oversee, supervise and follow out the responsibilities of the Board. Said
manager or said independent contractor shall be compensated upon such terms as the Board
deems necessary and proper; and
(b) To employ any person, firm or corporation to repair, maintain or renovate the
Common Elements of the Condominium; lay pipes or culverts; to bury utilities; to put up
lights or poles; to erect signs and traffic and safety controls of various sorts on said
(c) To employ professional counsel and obtain advice from persons, firms or
corporations such as, but not limited to, landscape architects, architects, engineers,
lawyers and accountants; and
(d) To employ or contract for water and sewer, electricity and gas or other forms of
utilities, cable or master antenna television; and
(e) To employ all managerial personnel necessary, or enter into a managerial contract
for the efficient discharge of the duties of the Board hereunder; and
(f) To adopt, amend, and publish Rules and Regulations covering the details of the
operation and use of the Common Elements, including but not limited to those relating to
the pet controls; and
(g) Secure full performance by Unit Owners or occupants of all items of maintenance for
which they are responsible; and
(h) Set minimum standards for floor coverings installed by all Unit Owners in
Buildings, with the exception of Declarant; and
(i) Coordinate the plans of Unit Owners and occupants of Units for moving their
personal effects or property into the Unit or out of it, with a view towards scheduling
such movements so that there shall be a minimum of inconvenience to others; and
(j) Establish and enforce Rules and Regulations for parking by, and the assignment of
parking spaces to, Unit Owners, subject to the provisions of the Condominium Declaration,
Articles of Incorporation and these By-laws; and
(k) Arrange for security protection as necessary; and
(1) Enforce obligations of the Unit Owners and do anything and everything else
necessary and proper for the sound management of the Condominium, including the right to
bring or defend lawsuits to enforce the terms, conditions and restrictions contained in
the Condominium Declaration, these By-laws or the Rules and Regulations.
(m) Borrow and repay monies giving notes, mortgages or other security upon such term or
terms as it deems necessary; and
(n) Invest and reinvest monies, sue and be sued; collect interest, dividends, and
capital gains; exercise rights, pay taxes; make and enter into contracts; enter into
leases or concessions; make and execute any and all proper affidavits for various
purposes; compromise any action without leave of court; and all other powers contained
herein, and those necessary and incidental thereto; and
(o) Grant and obtain easements, licenses and other rights with respect to contiguous
(p) Purchase or lease or otherwise acquire in the name of the Association or its
designees, corporate or otherwise, on behalf of all Unit Owners within the Condominium,
Units offered for lease or lease or surrendered by their Owners to the Board; and
(q) Purchase Units within the Condominium at foreclosure or other judicial sales in the
name of the Association or its designees, corporate or otherwise, on behalf of all Unit
(r) sell, lease, mortgage (but not vote the votes appurtenant thereto) or otherwise
deal with Units acquired by the Association, and sublease any such Units leased by the
Association or its designees, on behalf of all Unit Owners; and
(s) Bring and defend actions against or by one or more Unit Owner(s) which are
pertinent to the operation of the Condominium the health, safety or general welfare of the
Unit Owners, or any other legal action to which the Unit Owners may consent in accordance
with these By-laws.
(t) Appoint an Insurance Trustee, who shall not be a member of the Association, an
employee of the Declarant, or the Manager, who shall discharge his duties in accordance
with these By-laws. In the absence of such an appointment, the Board shall be responsible
for the disposition of all insurance proceeds.
(u) In its sole discretion, designate from time to time certain Common Elements as
"Reserved Common Elements" and impose such property restriction and conditions
on the use thereof as the Board deems appropriate.
(v) Create, appoint members to, and disband such committees as shall from time to time
be deemed appropriate or necessary by the Board to aid it in the discharge of its duties,
functions and powers.
SECTION 2. Duties and Responsibilities. It shall be the affirmative and
perpetual obligation and duty of the Board to perform the following:
(a) Cause the General and Limited Common Elements to be maintained according to
accepted standards and as set forth in the Condominium Declaration, including, but not
limited to such maintenance, painting, replacement and repair work as may be necessary,
lawn maintenance and clearing of snow from roadways and walkways as the Board may deem
appropriate. All repairs and replacements shall be substantially similar to the original
construction and installation and shall be of first class quality.
(b) To investigate, hire, pay, supervise and discharge the personnel necessary to be
employed, and provide the equipment and materials necessary, in order to properly maintain
and operate the Common Elements. Compensation for the services of such employees (as
evidenced by certified payroll) shall be considered an operating expense of the
(c) Cause to be kept a complete record of all its acts and business affairs and to
present a summary report thereof to the members at the annual meeting or at any special
meeting when requested in writing at least twenty-one (21) days in advance by Members
entitled to cast at least twenty-five (25%) percent of the total votes of the Association.
(d) Allocate common surplus or make repairs, additions, improvements to, or restoration
of the Common Elements in accordance with the provisions of these By-laws and the
Condominium Declaration after damage or destruction by fire or other casualty, or as a
result of condemnation or eminent domain proceedings.
(e) Take such action as may be necessary to comply promptly with any and all orders or
requirements affecting the premises maintained by the Association placed thereon by any
federal, state, county or municipal authority having jurisdiction thereover, and order of
the Board of Fire Underwriters or other similar bodies.
(f) Place and keep in force all insurance coverages required to be maintained by the
Association, applicable to its property and members including, but not limited to:
(i) Physical Damage Insurance. Broad form insurance pursuant to RSA 365-8:43,
against loss by fire and against loss by lightning, windstorm and other risks normally
included within all risk extended coverage, including vandalism and malicious mischief,
insuring all improvements to individual units and the Common Elements, together with all
service machinery appurtenant thereto, and covering the interest of the Association, the
Board, the Declarant, and all Unit Owners and Institutional Lenders as their respective
interests may appear, in an amount equal to the full replacement value of such
improvements (exclusive or foundations and footings), without deduction for depreciation.
Each policy shall contain a standard mortgage clause in favor of each Institutional
Lender, which shall provide that the proceeds, if any, thereunder, shall be payable to
each Institutional Lender as its interest may appear, subject to the loss payment
provisions set forth in Article XI of these By-laws. Prior to obtaining any policy of fire
insurance or any renewal thereof, the Board shall obtain a qualified appraisal of the full
replacement value of the Units and Common Elements and the Improvements located thereon,
without deduction for depreciation, for the purposes of determining the amount of fire
insurance to be effected pursuant to the subparagraph.
(ii) Public Liability Insurance. Pursuant to RSA 356-8:43, to the extent obtainable,
public liability insurance for personal injury and death from accidents occurring within
the entire Condominium, including the Common Elements and individual units, and the
defense of any actions brought by injury or death of a person or damage to property,
occurring within such Common Elements. said insurance shall be in such limits as the Board
may, from time to time, determine, covering each Member of the Board, the managing agent,
the manager, and each Member, and shall also cover cross liability claims of one insured
against another. Until the first meeting of the Board following the first annual meeting,
such Public Liability Insurance shall be in a single limit of at least $l,000,000.00
covering all claims for personal injury or property damage arising out of any one
occurrence. The Board shall review such limits once a year.
(iii) Directors and Officers Liability Insurance. Liability insurance indemnifying the
Directors and Officers of the Association against the liability for errors and omissions
occurring in connection with the performance of their duties, shall be obtained by the
Board in an amount of $1,000,000.00, with any deductible amount to be in the sole
discretion of the Board. (iv) Workers Compensation Insurance. Workers compensation
and New Hampshire disability benefits insurance as required by law.
(v) Motor Vehicle Liability Insurance. Automobile liability insurance to cover
all motor vehicles owned and operated by the Association.
(vi) Water Damages. Water damage legal liability insurance.
(vii) Other Insurance. Such other insurance as the Board may determine.
All policies shall: (i) provide that adjustment or loss shall be made by the Board of
Directors with the approval of the Insurance Trustee, if any, and that the net proceeds
thereof, if $25,000.00 or less shall be payable to the Board, and if more than $25,000.00
shall be payable to the Insurance Trustee, if any; (ii) require that the proceeds of
physical damage insurance be applied to the restoration of such Common Elements and
structural portions and service machinery as is required by the Condominium Declaration
and these By-laws; (iii) to the extent obtainable contain waivers of subrogation and
waivers of any defense based on coinsurance or of invalidity arising from any acts of the
insured, and (iv) provide that such policies may not be canceled without at least thirty
(30) days prior written notice to all the named insureds, including all Unit Owners and
Any insurance maintained by the Board may provide for such deductible amount as the
Board may provide for such deductible amount as the Board may determine.
Unit Owners shall not be prohibited from carrying additional insurance for their own
benefit provided that all such policies shall contain waivers of subrogation; and, further
provided that liability of the carriers issuing insurance obtained by the Board shall not
be affected or diminished by reason of any such additional insurance carried by any Unit
The premiums for all insurance and fidelity bonds carried by the Association shall be a
Common Expense and shall be borne by the Unit Owners in equitable proportions among them,
with due consideration to the respective risks, liability and replacement values
applicable to each Unit (as determined by the respective insurance carriers thereof or
their agents, brokers or such other parties designated by the Board), If no such
determination is made or if there is a disagreement by or dispute between the Directors,
the matter shall be determined by arbitration as provided in Article XVII hereof.
(g) To manage the fiscal affairs of the Association as hereinafter provided in Article
(h) To establish a Covenants Committee as hereinafter provided in Article IX.