Overview of New Hampshire HOA Law Changes 2021–2025
New Hampshire does not have a comprehensive separate HOA statute — the state's associational law centers on the New Hampshire Condominium Act, RSA Chapter 356-B, which applies to condominiums. Two real developments affected this framework during the period.
Fee-Shifting for Prevailing Unit Owners
RSA 356-B:15(II) — Attorney Fee Recovery
An amendment added a fee-shifting provision at RSA 356-B:15(II), allowing unit owners who prevail in litigation against their association's board or a declarant to recover their costs and attorney's fees. Previously, only the association itself could recover fees in such disputes — this leveled the playing field for owners bringing meritorious claims. The precise enactment date could not be independently confirmed; boards should verify the current statutory language and effective date with counsel.
Broader Governance Changes to the Condominium Act
Multiple secondary sources, including a law firm summary from Sulloway & Hollis, describe a set of "significant changes" made to RSA 356-B in recent years, including requirements that boards meet at least quarterly with advance notice and handouts to owners, that owners be permitted to speak at quarterly meetings, that owners be able to reject a board's adopted annual budget, that owners be able to remove elected board members or officers with or without cause, and that owners be able to call and hold an owners' meeting if the board refuses to do so. Individual bill numbers and enactment years for each of these provisions were not isolated from available sources — boards should confirm the current text of RSA 356-B directly before relying on the specifics of any one of these provisions.
Separately, HB 353 — a broader UCIOA-style overhaul of New Hampshire's condominium law — was described as still under legislative consideration rather than enacted; it should not be treated as current law.
Board Action Checklist
- Confirm the current text of RSA 356-B:15(II) with counsel regarding fee-shifting for prevailing unit owners in litigation against the association
- Review your board meeting frequency and owner-comment procedures against the quarterly-meeting practices described above, and confirm against the current statute
- Confirm whether your bylaws allow owners to reject an adopted annual budget or call a meeting if the board declines to do so
- Track HB 353's status — it proposes a broader UCIOA-style overhaul but has not been enacted
- Consult New Hampshire counsel before assuming any statutory right or requirement not directly confirmed in the current RSA 356-B
How APM Helps New Hampshire HOA Boards Stay Compliant
APM's remote HOA management service monitors New Hampshire HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our New Hampshire remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.
Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney for guidance specific to your community.
Ready to work with Association Property Managers?
Get a free, itemized proposal for your community — delivered within 3 business days.
Request a Free Proposal
