New Hampshire HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

RSA 356-B:40

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 …

RSA 356-B:46

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 …

RSA 356-B:58

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 …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

RSA 356-B:37

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, …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

RSA 356-B:37

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, …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

RSA 356-B:46

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 …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

RSA 356-B:58

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 …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

RSA 356-B:40

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 …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

RSA 356-B:2

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 …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

RSA 356-B:46

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 …

Developer Transition Compare across states →

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

RSA 356-B:36

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 …

Legal Facts by Category
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)
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
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
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
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
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
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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