New Hampshire HOA Laws: What Homeowners Need to Know in 2026

New Hampshire splits association law in two: condominiums fall under the Condominium Act, RSA 356-B (in force since September 10, 1977), while for subdivisions the Land Sales Full Disclosure Act, RSA 356-A, entitles a resale buyer to a statement from the property owners’ association within 10 days.

Condo or subdivision? The first question in New Hampshire

RSA 356-B:2 says the Act “shall apply to all condominiums,” and a condominium exists only once condominium instruments are recorded under it (RSA 356-B:7). Three groups sit differently:

• Condos created on or after September 10, 1977. The whole Act, as amended through 2026 (the latest change to :2 is 2026, chapter 245, effective July 2, 2026).
• Condos submitted to the old Unit Ownership of Real Property Act, RSA 479-A, before September 10, 1977. Outside RSA 356-B, with two carve-outs: its General Principles and Administration and Enforcement subdivisions reach time-share offers made on or after November 1, 1981, and reach new units when an amendment after 1977 adds 10 or more of them.
• Subdivisions. RSA 356-A:1, VI defines “subdivided lands” and then says the term “shall not include condominiums.” The meeting, open-board and lien rules below come from RSA 356-B and bind condo associations only.

A “small condominium” is one “created without possibility of conversion or expansion and limited to 25 or fewer residential units” (RSA 356-B:3, XXVII-a); it follows lighter meeting rules.

Buying a resale home: two statements, two statutes

Condo unit, RSA 356-B:58

Before the contract date, a resale buyer may obtain from the association the nine statements and documents listed in RSA 356-B:58, I, (a) through (i); among them are reserve status, expected capital spending for the current and next 2 fiscal years, and special assessments from the last 3 years. The officer must deliver within 10 days of a written request. The seller, under RSA 477:4-f, must tell the buyer in writing about this right before or while the offer is prepared, and the buyer signs an acknowledgment.

One limit is written into RSA 356-B:49, I: “the provisions of this subdivision” (subdivision IV, which contains :58) “do not apply to offers or dispositions” where the condo has not more than 25 units (unless it involves time-sharing interests), all units are restricted to nonresidential use, the sale is under court order, or the seller is a government agency, each unless chosen to evade the Act. The Attorney General may also exempt a condominium under RSA 356-B:49, III.

The recordable statement of unpaid assessments costs no more than $10, if the instruments allow a fee at all, and it must arrive within 10 business days or the lien is extinguished as to that unit (RSA 356-B:46, VIII). A statement waiving a right of first refusal costs no more than $25, again only if the instruments provide for a fee (RSA 356-B:47).

House or lot in a subdivision, RSA 356-A:9-b

When anyone other than the subdivider resells a lot, the buyer may ask the “property owners’ association, if any” for six items before the contract date: expected capital and major maintenance spending for the current or next 2 fiscal years; reserve status and earmarks; last year’s income statement and balance sheet; pending suits or judgments against it; its insurance and what additional coverage an owner would normally carry; and a statement that the seller’s alterations are not known to violate the covenants. The officer delivers within 10 days of a written request, and “days” in RSA 356-A means calendar days.

RSA 356-A:3, I lists what the chapter does not reach, unless the method of sale was chosen to evade it: subdivisions of not more than 15 lots (unless they involve time-share interests); court-ordered sales; sales by a government; subdivisions restricted entirely to nonresidential use; cemetery lots; securities of a regulated real estate investment trust; securities registered with the insurance commissioner; and mineral interests regulated as securities. The Attorney General may also exempt a subdivision under RSA 356-A:3, II.

Condo money rules in RSA 356-B:46

Once perfected, the association’s lien outranks everything except real estate tax liens, liens recorded before the declaration, and sums unpaid on a first mortgage held by an institutional lender; mechanics’ liens keep their priority. To perfect it, the association records a sworn memorandum in the registry of deeds within 6 months after the assessment fell due, then has 6 years from recording to sue. A judgment adds costs, attorneys’ fees and interest.

Six months of regular monthly assessments on a residential unit, counted back from the memorandum’s filing, plus collection costs and reasonable attorney’s fees, jump ahead of the first mortgage if the association, within 70 days of the delinquency, notifies the owner and the lender by certified and first-class mail that the account is at least 60 days behind, and gives the lender 30 days’ notice of intent to file. That slice excludes special assessments, late charges, fines, penalties and interest; only one such lien may exist at a time; and it does not reach mortgages signed, or regular assessments that came due, before the paragraph took effect.

If the association has authorized it, the board may shut off a delinquent unit’s common privileges and association-supplied services after 30 days’ written notice to the owner and the first mortgagee, restoring them once all assessments are paid.

Meetings and financial access in a New Hampshire condo

Owners get notice at least 21 days before an annual or regularly scheduled meeting and 7 days before others, a minimum that may be reduced or waived for an emergency meeting; owners holding 33 percent of the votes, or a lower bylaw figure, can force a special meeting (RSA 356-B:37). Minutes go out within 60 days of the meeting or 15 days after approval, whichever is first, and a written request for minutes gets a response within 15 days.

Except in small condos, the board holds an open regular meeting at least once a quarter under RSA 356-B:37-c (as amended effective January 1, 2025). Owners get 10 days’ notice, or 5 where at least 70 percent are full-time residents, unless the meeting is on a schedule already sent or is an emergency. Social gatherings where no business is done are not meetings, nor are information sessions to compare vendor proposals, whose resulting motions go to the next scheduled board meeting. A closed board meeting is allowed if recorded, with the recording available on request for up to 30 days. The section skips committees that cannot spend association money or sign contracts, and a self-managed association’s meetings held only to implement decisions made in open session. RSA 356-B:37-d lists the four permitted executive-session subjects, and no final vote may be taken in one.

RSA 356-B:37-e gives each owner, within 15 days of asking, access to contracts, mortgages, loans and their terms, debts, and account balances. Other owners’ accounts stay private unless a lien for nonpayment has been recorded. A profit and loss statement must be available 30 days before the annual meeting, and the association may charge for information requested beyond the last 3 fiscal years.

Flags: since 2011, RSA 356-B:47-a bars a condo association from prohibiting outdoor display of the United States flag in line with the flag code and RSA 3-E, while allowing reasonable rules on size and manner.

New Hampshire owners ask

Does the Condominium Act apply to my subdivision association?

No. RSA 356-B applies to recorded condominiums, and RSA 356-A, which covers subdivisions, gives buyers the RSA 356-A:9-b statement without supplying meeting or lien rules.

Can my condo board fine me?

RSA 356-B has no section on fines; the word appears only in RSA 356-B:46, I(c), which keeps fines out of the priority slice. Look for any fine power in your declaration and bylaws.

My condo dates from 1974. Which act governs it?

If it was submitted to RSA 479-A before September 10, 1977, RSA 356-B stays out except for the two carve-outs above; RSA 479-A and its own recorded instruments control.

Related pages: New Hampshire closing costs, insurance in New Hampshire, selling where an association exists, HOA glossary entry, New Hampshire hub, Maine’s condo rules, Massachusetts association law.