New Hampshire HOA & Condominium Law
6 active New Hampshire statutes govern homeowners associations and condominiums in the state. The corpus encodes 22 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
NH
CommunityPay has not verified a state-specific statutory resale certificate regime in New Hampshire. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
New Hampshire does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What New Hampshire Law Requires
Governance (12)
- Supersedes the prior Unit Ownership Act (RSA 479-A) as of September 10, 1977. RSA 356-B:2
- Establishes the applicability of the New Hampshire Condominium Act to all condominiums and condominium projects. RSA 356-B:2
- Management contracts entered during declarant control become non-binding afterward unless ratified by majority owner consent. RSA 356-B:36
- Governs the declarant control period and mandatory transition of association governance from the developer to unit owners. RSA 356-B:36
- Control must terminate at the earliest of: 5 years for expandable condos, 3 years for condos with convertible land, 2 years for all others, or when 3/4 of undivided interests are conveyed. RSA 356-B:36
- Minutes must be available within 60 days. RSA 356-B:37
- Requires annual meetings of unit owners with 21 days advance notice. RSA 356-B:37
- Unit owners must have a reasonable opportunity to comment at any meeting. RSA 356-B:37
- 21 days advance notice RSA 356-B:37
- Special meetings require 7 days advance notice and may be called by the president, board majority, or unit owners holding 33 percent of votes. RSA 356-B:37
- Related provisions in RSA 356-B:40-a through 356-B:40-c cover managing agents, officer removal, and budget adoption. RSA 356-B:40
- Establishes the board of directors as the governing body of the condominium association, with authority to manage common areas, adopt rules, and levy assessments. RSA 356-B:40
Financial (2)
- Super-priority applies only to regular assessments, not special assessments, late charges, fines, or interest. RSA 356-B:46
- No statutory fee cap. RSA 356-B:58
Assessment (2)
- Creates an assessment lien on condominium units. RSA 356-B:46
- Regular monthly common assessments unpaid during the 6-month period immediately preceding the filing of the memorandum shall be prior to the first mortgage RSA 356-B:46 I(c)
Reserves (2)
- Pre-1977 instruments are preserved but not invalidated. RSA 356-B:2
- The association must provide 9 disclosure items including unpaid assessments, reserves, financial statements, pending litigation, insurance, and governing documents. RSA 356-B:58
Disclosure (3)
- Requires a unit owner to furnish a resale certificate to a purchaser before execution of any contract for sale. RSA 356-B:58
- Within 10 days of receipt of written request RSA 356-B:58
- No buyer rescission period. RSA 356-B:58
Enforcement (1)
- The lien for regular monthly common assessments has super-priority over a first mortgage for the 6-month period immediately preceding the filing of a memorandum. RSA 356-B:46
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
3
Developer Transition
1
Elections and Voting
1
Enforcement and Fines
1
Fiduciary Duty
1
Foreclosure and Liens
1
Governance Documents
1
Meetings and Notice
1
Resale Disclosure
1
Each chip links to the New Hampshire statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All New Hampshire authorities →
New Hampshire Condominium Act — Application
Establishes the applicability of the New Hampshire Condominium Act to all condominiums and condominium projects. Supersedes the prior Unit Ownership Act (RSA 479-A) as of September 10, 1977. Pre-1977 instruments are preserved but not invalidated.
New Hampshire Condominium Act — Control by the Declarant
Governs the declarant control period and mandatory transition of association governance from the developer to unit owners. Control must terminate at the earliest of: 5 years for expandable condos, 3 years for condos with convertible land, 2 years for all others, or when 3/4 of undivided interests are conveyed. Management contracts entered during declarant control become non-binding afterward unless ratified by majority owner consent.
New Hampshire Condominium Act — Meetings
Requires annual meetings of unit owners with 21 days advance notice. Special meetings require 7 days advance notice and may be called by the president, board majority, or unit owners holding 33 percent of votes. Unit owners must have a reasonable opportunity to comment at any meeting. Minutes must be available within 60 days.
New Hampshire Condominium Act — Members of the Board of Directors and Officers
Establishes the board of directors as the governing body of the condominium association, with authority to manage common areas, adopt rules, and levy assessments. Related provisions in RSA 356-B:40-a through 356-B:40-c cover managing agents, officer removal, and budget adoption.
New Hampshire Condominium Act — Lien for Assessments
Creates an assessment lien on condominium units. The lien for regular monthly common assessments has super-priority over a first mortgage for the 6-month period immediately preceding the filing of a memorandum. Super-priority applies only to regular assessments, not special assessments, late charges, fines, or interest.
New Hampshire Condominium Act — Resale by Purchaser
Requires a unit owner to furnish a resale certificate to a purchaser before execution of any contract for sale. The association must provide 9 disclosure items including unpaid assessments, reserves, financial statements, pending litigation, insurance, and governing documents. No statutory fee cap. No buyer rescission period.
Source: New Hampshire state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent New Hampshire HOA Legislation
1 HOA-relevant bill tracked for New Hampshire · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — New Hampshire HOA Law
How long does a New Hampshire HOA have to deliver a resale certificate?
Under RSA 356-B:58, a New Hampshire association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: RSA 356-B:58
How much advance notice must a New Hampshire HOA give for meetings?
Under RSA 356-B:37, a New Hampshire association must give unit owners at least 21 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: RSA 356-B:37
Does a New Hampshire HOA assessment lien have priority over a first mortgage?
Yes — New Hampshire is a 'super-priority' state. Under RSA 356-B:46, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: RSA 356-B:46
Answers derived from the New Hampshire legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
New Hampshire HOA Fee Benchmark
$341
Avg Median Monthly Fee
$320 – $383
County Range
38736
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 10 counties with data.
Communities by City
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Download the New Hampshire HOA & Condo Compliance Checklist
One PDF — every active New Hampshire statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from New Hampshire Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations