Moda v. Fernwood at Winnipesaukee Condo. Ass'n

Summary

The Supreme Court vacated the Superior Court’s grant of summary judgment and award of attorney’s fees to the condominium association and remanded for further proceedings. It held that the condominium’s declaration does not waive the statutory requirements of RSA 356‑B:19, I, that assignments of limited common area require consent of all adversely affected owners, and that the plaintiffs were not legally “adversely affected” by the expansion. The court also affirmed the timeliness of the appeal.