Quick Answer
New Hampshire regulates condominiums through RSA chapter 356-B, the Condominium Act, which controls over conflicting declarations or bylaws (RSA 356-B:6-a). Homeowners' associations that are not condominiums have no comprehensive act; they run on their governing documents and, if organized under RSA chapter 292 (voluntary corporations and associations), on RSA 292:8-m.
Which laws govern HOAs and condominiums in New Hampshire
Condominium Act, RSA 356-B. RSA 356-B:2 provides that the chapter applies to all condominiums and condominium projects and supersedes RSA 479-A, the older Unit Ownership of Real Property Act, for condominiums established on or after September 10, 1977. RSA 356-B:6-a provides that if the declaration or bylaws conflict with RSA 356-B, the statute controls, and associations may amend documents to comply without mortgagee approval if the changes do not affect the mortgagee's equity or security. Part III of the chapter, beginning at RSA 356-B:35, covers unit owners' associations, including meetings, board operations, budgets and liens. RSA 356-B:48 provides that the chapter is administered and enforced by the consumer protection and antitrust bureau of the Department of Justice.
Homeowners' associations, RSA 292:8-m. New Hampshire has no planned-community act. RSA 292:8-m, within the voluntary corporations chapter, applies to homeowners' associations established under that chapter. Paragraph I requires a two-thirds majority to amend bylaws, budgets and contracted management services if more than 50 percent of the votes are acquired by a single person after developer control ends. Paragraph II restricts dissolution of associations approved by a planning board without a hearing under RSA 676:2. Paragraphs III through V, covering record retention and owner access, executive sessions, and conflicts of interest in contracts, are marked in the statute as effective January 1, 2027.
Associations also depend on their declaration, bylaws and rules. See HOA governing documents explained, how an HOA works, what powers an HOA has and what a condo association is.
New Hampshire HOA law at a glance
| Topic | What New Hampshire law says (verified) |
|---|---|
| Assessments and liens | Condominiums: RSA 356-B:46 gives the association a lien for unpaid assessments, once perfected, prior to other liens except real estate taxes, liens recorded before the declaration, and institutional first mortgages. Under a limited exception, regular monthly common assessments for the 6 months before filing the memorandum of lien, with collection costs, may be prior to the first mortgage if the association gives the owner and lender specified notices; the priority amount excludes special assessments, late charges, fines and interest. RSA 356-B:40-c governs budgets and special assessments. HOAs: see your documents. |
| Records access | Condominiums: RSA 356-B:37-e requires financial information on request, generally within 15 days, access to employee names and salaries, and minutes within 60 days of a meeting or 15 days of approval, whichever is first. HOAs under RSA 292: RSA 292:8-m(III), effective January 1, 2027, requires retention of listed records and allows owner examination on 15 days notice. |
| Meetings and elections/voting | RSA 356-B:37 requires at least an annual meeting, with notice at least 21 days ahead for annual or regular meetings and 7 days for others; special meetings may be called by owners holding at least 33 percent of the votes or any lower bylaw percentage. RSA 356-B:37-c requires an open board meeting at least quarterly. RSA 356-B:39 and 39-a address voting and voting without a meeting. RSA 356-B:40-b lets owners remove directors and officers by majority of votes cast if the subject was in the notice. |
| Reserves | RSA 356-B:40-c requires the budget summary to include any reserves and the basis on which they are calculated and funded. I did not find a statutory reserve study mandate in the sections reviewed; see your documents. |
| Fines and enforcement | See your documents for fine and hearing procedures. RSA 356-B:48 assigns administration of the Condominium Act to the Attorney General's consumer protection bureau. |
| Rental restrictions | See your documents. |
| Architectural review | See your documents. RSA 292:8-m(III), effective January 1, 2027, requires HOAs under that chapter to retain records of board decisions on design or architectural approval requests. RSA 356-B:47-a limits bans on displaying the U.S. flag. |
| Board duties | RSA 356-B:40-a requires managing agents to disclose certain referral and other fees to the board. RSA 292:8-m(V), effective January 1, 2027, addresses written disclosure of pecuniary interests in contracts. |
These entries are summaries and omit conditions. Related reading: HOA reserve funds explained, HOA violations and enforcement guide, HOA board member responsibilities and HOA rental caps.
Budget ratification and special assessments
Under RSA 356-B:40-c, the board adopts a proposed budget at least annually and must provide owners a summary within 30 days of adoption. It must set a ratification meeting not less than 10 nor more than 60 days after providing the summary. The budget is ratified unless two-thirds of all unit owners, or a larger number set by the declaration, reject it, whether or not a quorum is present. Special assessments generally follow the same process, but the board may adopt an emergency special assessment by a two-thirds board vote, and the statute defines emergency narrowly.
Open board meetings
New Hampshire condominium boards operate under open-meeting rules. RSA 356-B:37-c says a board may not use social gatherings to avoid the rules, requires notice of board meetings at least 10 days ahead (5 days if at least 70 percent of owners are full-time residents) stating time, date, place and agenda, and requires materials distributed to the board to be made reasonably available to owners, with exceptions. Executive sessions are addressed in RSA 356-B:37-d.
Recent changes
The statute text on the General Court website shows recent legislative activity: RSA 356-B:2 and 356-B:49 were amended by a 2026 act effective July 2, 2026, RSA 356-B:70 was repealed effective January 1, 2025, and the HOA provisions of RSA 292:8-m include paragraphs that take effect January 1, 2027. The chapter also provides for a commission to study the Condominium Act (RSA 356-B:71). Our running summary is in New Hampshire HOA law changes 2021-2025. Always check the current statute text or ask counsel before relying on a summary.
Remote HOA management in New Hampshire
Most day-to-day association work does not require a manager to be on site. With remote management, the board and owners use a cloud dashboard for financial reports, budgets, work orders and governing documents; owners pay dues online; violations are logged and tracked digitally with notices and photos; and the board reaches the management team by phone, email or video for meetings and decisions. Vendors can still be coordinated locally, and site visits can be scheduled when a board wants them. Learn more about remote HOA management in New Hampshire or review our pricing.
On licensing, I did not identify a New Hampshire statute requiring a license specific to community association managers, but I did not verify this against every state agency rule, so rules on manager licensing and registration vary by state and associations should confirm what applies in New Hampshire. Note that RSA 356-B:40-a imposes fee disclosure duties on managing agents of condominiums.
Frequently Asked Questions
Does New Hampshire have an HOA act?
No comprehensive one. Condominiums are governed by RSA 356-B, the Condominium Act. Other homeowners' associations rely on their documents and, when organized under RSA 292, on RSA 292:8-m.
What if my condominium bylaws conflict with RSA 356-B?
RSA 356-B:6-a provides that the statute controls in a conflict with the declaration or bylaws. Boards should review documents with counsel and update them as needed.
How are New Hampshire condo budgets approved?
Under RSA 356-B:40-c, the board proposes a budget and sends owners a summary. Unless two-thirds of all owners (or a larger declared number) reject it at the ratification meeting, it is ratified.
Can a condo association lien take priority over my mortgage?
Generally not, with one limited exception. RSA 356-B:46 provides that regular monthly common assessments for the 6 months before the lien memorandum is filed, plus collection costs, may be prior to the first mortgage if the association gives the required notices.
How quickly must a New Hampshire condo association share financial records?
RSA 356-B:37-e requires access to listed financial information within 15 days of an owner's request and minutes within 60 days of a meeting or 15 days of approval, whichever occurs first.
How APM Helps
Association Property Managers (APM) provides HOA and condominium management from offices in East Lansing, Michigan and Dublin, California, and offers remote management to boards nationwide. Our association management services cover financials, assessment collection, vendor coordination, violation tracking and board support. To see what fits your community, request a free proposal; we return proposals within 3 business days. You can also call 810.777.7060.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in New Hampshire. Last verified October 25, 2026.
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