MHHS · Condominium Property Act
49 Dispositions of Real Property of the Corporation or Common Property Disposition of common property
transfer or lease the real property of the corporation or the common
property, or any part of it.
(2) When the board is satisfied that the special resolution was
properly passed and the requirements of the regulations have been
complied with, the corporation shall execute the appropriate
transfer or lease.
(3) A transfer or lease executed in accordance with subsection (2)
is valid and effective without execution by any person having an
interest in the common property, and the receipt of the corporation
for the purchase money, rent, premiums or other money payable to
the corporation under the terms of the transfer or lease is a
sufficient discharge of and exonerates the persons taking under the
transfer or the lease from any responsibility for the application of
the money expressed to have been so received.
(4) The Registrar shall not register a transfer or lease authorized
under this section unless it has endorsed on it or is accompanied
with a certificate under the seal of the corporation stating
(a) that the special resolution was properly passed,
(b) that the transfer or lease co nforms with the terms of it, and
(c) that the requirements of the regulations have been complied
with.
(5) The certificate referred to in subsection (4) is,
(a) in favour of a purchaser or lessee of the common property,
or part of it, and
(b) in favour of the Registrar,
conclusive proof of the facts stated in the certificate.
(6) On the filing for registration of a transfer of common property,
the Registrar
(a) shall, before issuing a certificate of title, amend the
condominium plan by deleting from it the common property
comprised in the transfer, and
RSA 2000
(b) shall register the transfer by issuing to the transferee a
certificate of title for the land transferred, but no notification
of the transfer shall be made on any other certificate of title
in the register.
(7) On the filing for registration of a lease of common property,
the Registrar shall register the lease by noting it on the
condominium plan in the manner prescribed by the regulations.
RSA 2000 cC-22 s49;2014 c10 s40