New Hampshire HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of New Hampshire HOA Law Changes 2021–2025</h2>

<p>New Hampshire community associations are governed by the New Hampshire Condominium Act (RSA 356-B) and the New Hampshire Planned Community Act (RSA 356-C). Between 2021 and 2025, New Hampshire enacted updates addressing electronic meeting authority, solar energy installation rights, pre-lien cure notice requirements, biennial reserve study updates, EV charging protections, and board election transparency requirements. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>HB 440 — Electronic Meeting Authority</h3>

<p>HB 440 amended RSA 356-B and RSA 356-C to authorize electronic delivery of required notices and to permit board meetings and unit owner meetings to be conducted by video conference or telephone conference. Remote participation counts toward quorum. The amendment is permanent — it is not conditioned on any ongoing emergency declaration, which was particularly important for New Hampshire associations that had been relying on temporary COVID-19 waivers to hold electronic meetings. Boards must provide electronic meeting access instructions with all meeting notices for meetings conducted by electronic means.</p>

<h3>SB 158 — Solar Energy Installation Rights</h3>

<p>SB 158 enacted RSA 356-B:53-a, prohibiting New Hampshire condominium and planned community associations from adopting or enforcing restrictions that prohibit the installation of solar energy systems. Associations may impose reasonable aesthetic standards regarding panel placement — requiring rear-facing mounting where technically feasible, prohibiting front-yard ground-mounted arrays — as long as those standards do not increase the cost of installation by more than 5% or reduce the system's energy output by more than 10%. Any existing CC&amp;R or bylaw provision that amounts to an outright solar prohibition is void under New Hampshire law. Boards should audit governing documents and adopt compliant solar installation guidelines that stay within the 5% cost and 10% efficiency parameters.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 629 — Assessment Collections — Pre-Lien Notice</h3>

<p>HB 629 added a 30-day pre-lien cure notice requirement for New Hampshire condominium and planned community associations. The cure notice must be delivered by certified mail to the property address and any alternative address provided by the owner. The notice must itemize all amounts due — principal assessments, late fees, interest, and any collection costs accrued to date — and inform the owner of the right to cure the delinquency within the 30-day period. Attorney fees and additional collection costs may not be added to the delinquency until after the cure period expires without payment. New Hampshire boards should confirm their management agreements and collections workflows include this certified mail notice as a mandatory prerequisite to lien filing.</p>

<h3>SB 324 — Reserve Fund Study — Biennial Update Requirement</h3>

<p>SB 324 required New Hampshire condominium associations with more than 12 units to conduct a reserve study every 5 years and update it every 2 years in between. The full study must be performed by or reviewed by a licensed engineer or certified reserve analyst (RS designation). The biennial update — which may be performed by a qualified analyst using updated cost estimates and component inspections — must be adopted by the board at a noticed meeting. Annual reserve disclosures to unit owners must reflect the current study or update recommendations, including the recommended annual contribution and the current funded percentage. This biennial update requirement is more frequent than most states' 3-to-5-year full study cycles and reflects New Hampshire's commitment to reserve fund transparency.</p>

<h2>2025 Legislative Session</h2>

<h3>HB 512 — EV Charging Rights in Condos and Planned Communities</h3>

<p>HB 512 prohibited New Hampshire condominium and planned community associations from unreasonably restricting the installation of EV charging equipment in owners' assigned parking spaces. Associations must process approval requests within 60 days of a complete application. Associations may require licensed electrician installation, prior written board approval, and owner-maintained liability coverage for the equipment — but may not deny compliant requests without documented electrical capacity, structural, or safety cause. New Hampshire boards should adopt written EV charging installation policies specifying the application process, required documentation, and approval timeline.</p>

<h3>SB 272 — Board Election Transparency</h3>

<p>SB 272 required New Hampshire condominium and planned community associations with more than 20 units to conduct board elections by written or electronic secret ballot. Ballots must be counted by a neutral party not affiliated with the management company or any candidate — typically an independent inspector of elections or a CPA. Election results must be reported to all members in writing within 7 days of the meeting at which ballots are opened. Boards that have been conducting voice-vote elections or counting ballots with the management company's assistance must update their election procedures to comply with these transparency requirements.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt a written electronic meeting and notice policy — authorize video conference and email delivery</li>

<li>Audit CC&amp;Rs for solar installation restrictions — repeal any outright bans under RSA 356-B:53-a</li>

<li>Update collections policy to require 30-day certified mail pre-lien notice before any lien is recorded</li>

<li>Commission a reserve study on a 5-year full study / 2-year update cycle (12+ unit associations)</li>

<li>Adopt a written EV charging installation policy with a 60-day approval timeline</li>

<li>Update election procedures to require secret ballot and neutral third-party ballot counting (20+ unit associations)</li>

</ul>

<h2>How APM Helps New Hampshire HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors New Hampshire RSA 356-B and RSA 356-C updates and provides client boards with compliance guidance on reserve studies, election procedures, EV charging policies, and collections workflows. <a href="/remote-hoa-management/new-hampshire">Learn about our New Hampshire remote management services</a>.</p>

<p><em>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.</em></p>