HOA Laws in New Hampshire

New Hampshire's condominiums are governed by the New Hampshire Condominium Act, RSA 356-B. New Hampshire does not have a separate comprehensive statute covering every traditional HOA, which are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, the Condominium Act controls most operations, including creation, management, assessments, and liens. If your community is a traditional HOA, your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most New Hampshire HOAs are incorporated as nonprofit corporations, so RSA 292 governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For traditional HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the nonprofit corporation law, which gives members certain inspection rights. Condominium associations follow the provisions of the Condominium Act.

Elections and voting

Directors are elected by the members as provided by the bylaws and the corporation law, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid assessments under the Condominium Act. Traditional HOAs derive their assessment and lien authority mainly from their governing documents, enforced under general New Hampshire law. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most New Hampshire HOAs, the authority to fine comes from the governing documents rather than a detailed state statute. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

New Hampshire does not impose a broad statewide reserve-study mandate on traditional HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

New Hampshire addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The New Hampshire Condominium Act appears at RSA 356-B, and the nonprofit corporation law at RSA 292. For a specific situation, consult a New Hampshire attorney experienced in community association law.