MHHS · Consumer Protection Act
Part 3 — .1
41.6 Regulations
regulations
(a) respecting life lease requ irements, including specifying
requirements in addition to any set out in section 41.3 or
under section 41.5;
(b) respecting pre-lease pa yment disclosure and refund
requirements;
(c) respecting entrance fees, including
RSA 2000
(i) the maximum allowable fees,
(ii) the percentage that is returnable,
(iii) receipt requirements, and
(iv) interest or other payments to be paid by a lease operator
to a leaseholder with respect to unreturned entrance fees,
including the rate of interest under section 41.4(2);
(d) requiring lease operators or trustees who receive entrance
fees or pre-lease payments to deposit those fees or payments
into a trust account;
(e) respecting the trust acco unt referred to in clause (d),
including
(i) where the trust account may be established and
maintained and when the fees or payments must be
deposited,
(ii) the qualifications and appointment of trustees,
(iii) the powers, duties and fu nctions of trustees and the
disbursement of funds from the trust account, and
(iv) the records to be kept res pecting the trust account, the
period of time that those records are to be maintained
and any audit of the trust account;
(f) respecting any restrictions on the use by a lease operator of
entrance fees or pre-lease payments not held in trust;
(g) requiring lease operators to provide or submit a security;
(h) respecting the provision or submission of a security referred
to in clause (g), including
(i) the circumstances in which a lease operator is required to
provide or submit a security,
(ii) the person to whom a l ease operator must provide or
submit a security, and the powers, duties and functions
of that person,
(iii) the person from whom a security may be obtained if
issued by a third party at the request of a lease operator,
(iv) the type, form, amount and terms and conditions of a
security,
RSA 2000
(v) the terms and conditions under which a security is
forfeited, the persons who are entitled to the proceeds
under the security and the procedures to be followed for
claiming on a security,
(vi) a system of resolving disputes involving claims against a
security that claimants and lease operators are required
to participate in and providing that decisions under the
system are binding,
(vii) any notification, reportin g or disclosure requirements
related to the security, and
(viii) the records to be kept respecting a security and the
period of time for which those records are to be
maintained;
(i) respecting establishment of a fund for ongoing building
maintenance and requirements for a study to assess the
condition of a building;
(j) respecting financial audit and disclosure requirements wit h
respect to leaseholders;
(k) respecting governance requ irements, including annual
meeting requirements for leaseholders and lease operators;
(l) respecting notice periods and restrictions respecting
increases in fees applicable to leaseholders;
(m) respecting insurance requirements and disclosure of
insurance coverage to leaseholders;
(n) defining any term used but not defined in this Part;
(o) prescribing anything required to be prescribed under this
Part or that this Part refers to as prescribed;
(p) respecting any other matter or thing that the Lieutenant
Governor in Council considers necessary to carry out the
intent of this Part.
(2) Without limiting the generality of subsection (1)(n), the
Lieutenant Governor in Council may make regulations that restrict
or broaden the definition of any term defined in or under this Part,
and the restricting or broadening of the definition may apply to one
or more provisions of this Part and to one or more provisions of the
regulations under this Part.
2024 c3 s3
RSA 2000