Supreme Court of New Hampshire

Aznh Revocable Trust & A. v. Spinnaker Cove Yacht Club Association, Inc.

August 3, 2023

Summary

The Supreme Court of New Hampshire affirmed the Superior Court’s denial of preliminary injunctive relief and its grant of the Association’s motion to dismiss. The Court held that the Condominium Act authorizes the association to acquire land outside the condominium, that the declaration does not bar use of assessment monies for such a purchase, that the purchase benefits all unit owners, and that the condominium’s non‑expandable status does not prohibit adding land by amendment. Accordingly, the plaintiffs failed to state a claim as a matter of law.