New Hampshire HOA Governing Statute
Overview — How HOAs are governed in New Hampshire
New Hampshire runs two separate tracks for community governance, and the gap between them matters. Condominiums operate under the New Hampshire Condominium Act, RSA 356-B — a full statutory chapter that addresses creation, governance, finance, disclosure, and enforcement.1 Non-condominium HOAs get no dedicated operating statute from the legislature. They rely instead on their recorded covenants, conditions, and restrictions — CC&Rs — as their primary governing document, with corporate procedure drawn from the New Hampshire Voluntary Corporations and Associations Act, RSA 292, when the association organizes as a nonprofit.2 The shorthand for that arrangement: these communities are CC&R-primary.
New Hampshire adds one more distinctive wrinkle. The state has no intermediate appellate court, so civil HOA appeals travel directly from the trial court to the New Hampshire Supreme Court.3 New Hampshire is also not a Uniform Common Interest Ownership Act state; RSA 356-B is a bespoke chapter that predates the uniform model and does not adopt it.4
For property managers and boards operating across multiple states, the practical takeaway is this: condominium compliance in New Hampshire runs on statute, planned-community compliance runs on contract, and those two frameworks should not be conflated.
The statutory framework
The New Hampshire Condominium Act (RSA 356-B)
The New Hampshire Condominium Act, RSA 356-B, controls condominiums in the state. The legislature enacted it in 1977 under the title "Condominium Act." It applies to all condominiums and condominium projects, and it superseded the earlier New Hampshire Unit Ownership of Real Property Act, RSA 479-A, for condominiums created on or after September 10, 1977 — the statute states that "no condominium shall be established under the latter on or after September 10, 1977."5 RSA 356-B is bespoke New Hampshire law. It shares structural vocabulary with the Virginia Condominium Act — terms such as declarant, convertible land, convertible space, and public offering statement — but New Hampshire did not adopt UCIOA, and practitioners should not import uniform-act provisions.4
The chapter organizes into four subdivisions: General Principles (RSA 356-B:1 through 356-B:6-a), Condominium Instruments (RSA 356-B:7 through 356-B:34-a), Unit Owners' Associations (RSA 356-B:35 through 356-B:47-a), and Administration and Enforcement (RSA 356-B:48 onward).1 The definitions section, RSA 356-B:3, fixes key terms including "board of directors," "common area," "common expenses," "unit," "declarant," and "small condominium" — the last meaning a condominium of 25 or fewer residential units created without possibility of conversion or expansion.6
The declaration and bylaws are the core condominium instruments. RSA 356-B:16 sets the required contents of the declaration, and RSA 356-B:35 sets the required contents of the bylaws, including whether the association elects a board of directors and the powers of that board.1 A declarant must register with the New Hampshire Department of Justice and prepare a public offering statement in the form the Attorney General prescribes under RSA 356-B:52 before selling units.7 On governance, the statute mandates an annual meeting, sets notice periods, controls budgets and assessments, and provides at RSA 356-B:13, I that "in the event of a conflict between the declaration or bylaws, the provisions of RSA 356-B shall control."8
Non-condominium planned communities and the role of CC&Rs
New Hampshire offers no complete planned-community statute equivalent to RSA 356-B. For a subdivision-style HOA that is not a condominium, the recorded CC&Rs are the primary governing document — they define assessment authority, use restrictions, architectural control, and enforcement remedies as a matter of contract and property law that runs with the land.2 Where the association organizes as a nonprofit, the New Hampshire Voluntary Corporations and Associations Act, RSA 292, supplies corporate formalities: formation by articles of agreement under RSA 292:1, adoption of bylaws under RSA 292:6, and voting rules.9
The legislature added a limited HOA-specific provision in 2023. RSA 292:8-m requires a two-thirds majority to amend bylaws, budgets, or contracted property management when more than 50 percent of the votes are acquired by a single person after developer control ends, and it bars dissolution of a planning-board-approved HOA before a hearing.10
The order of precedence for a non-condominium HOA runs from the limited applicable state law, to the recorded CC&Rs, to the bylaws, to the rules. Common-law contract and property doctrine fills the gaps, and New Hampshire courts treat governing documents as a contract among the association and owners.11 The operational implication is direct: a non-condominium HOA manager in New Hampshire cannot rely on a state HOA operating statute — because none exists — and must work from the recorded instruments and corporate law.
Court structure and the absence of an intermediate appellate court
New Hampshire's trial courts divide between the Superior Court and the Circuit Court. The Superior Court carries general civil jurisdiction and provides the only forum for jury trials; it handles civil matters above the Circuit Court ceiling.12 The Circuit Court, created in 2011 under RSA 490-F, consolidates the District Division, the Family Division, and the Probate Division — covering smaller civil matters, landlord-tenant disputes, and equity matters.13 Most contested HOA and condominium civil disputes proceed in the Superior Court.
New Hampshire has no intermediate appellate court. The New Hampshire Supreme Court — five justices sitting in Concord — serves as the state's only appellate court and court of last resort.3 Under Supreme Court Rule 7, instituted in January 2004, most timely appeals of final trial-court decisions on the merits are mandatory appeals that the court accepts automatically; a mandatory appeal "shall be filed by the moving party within 30 days from the date on the clerk's written notice of the decision on the merits."14 For HOA litigation, that structure has a clear consequence: a civil appeal moves directly from the Superior Court or Circuit Court to the New Hampshire Supreme Court, with no intervening appellate review.
Compliance obligations created by the statutory framework
Governance obligations
RSA 356-B imposes statutory governance duties on condominiums. RSA 356-B:37 requires at least one annual meeting and sets notice at 21 days for annual or regularly scheduled meetings and 7 days for other meetings.15 RSA 356-B:37-c requires open, regularly scheduled board meetings at least quarterly with an opportunity for owner comment; RSA 356-B:37-d governs executive sessions; RSA 356-B:38 sets quorums; and RSA 356-B:39 governs voting.16 These obligations are mandatory, but the bylaws may supplement them, and the Act controls in any conflict.
For non-condominium planned communities, governance obligations are not statutory under any HOA-specific framework. They flow from the CC&Rs and from RSA 292 corporate formalities — bylaws, board action, and member voting.9
Financial obligations
For condominiums, RSA 356-B:40-c requires the board to adopt a proposed budget at least annually, circulate a summary including reserves within 30 days, and submit it for owner ratification. The budget is deemed ratified unless two-thirds of all unit owners reject it.17 Reserves flow through the declaration and the budget process rather than a fixed statutory funding mandate. RSA 356-B:45 governs liability for common expenses, and RSA 356-B:46 creates an assessment lien that must be perfected within six months and sits subordinate to real estate tax liens, earlier recorded encumbrances, and first mortgages.18
For non-condominium planned communities, assessment authority and reserve practice are set by the declaration as a contractual matter, not by RSA 356-B.
Disclosure obligations
Condominium disclosure is statutory. RSA 356-B:52 requires a declarant to deliver a public offering statement in the Attorney General's prescribed form — with copies of the declaration, bylaws, and budget — when offering units.7 On resale, RSA 356-B:58 governs a unit owner's resale of a unit.19 RSA 356-B:37-e requires the association to disclose financial information and meeting minutes to unit owners, including a profit-and-loss statement available before the annual meeting and minutes made available within set timeframes.20
These obligations apply to condominiums under RSA 356-B and are mandatory. For non-condominium planned communities, resale and disclosure practice flows from the CC&Rs and any contractual disclosure the parties negotiate — not from a state HOA disclosure statute.
Dispute resolution obligations
For condominiums, RSA 356-B:15 authorizes enforcement actions by the association, its board, or a managing agent for noncompliance with the Act or the governing instruments. Condominium boards must afford notice and an opportunity to be heard consistent with the meeting and executive-session provisions.21 A 2024 enactment added a state-level condominium dispute resolution mechanism, covered in the section below.
For non-condominium planned communities, dispute resolution depends on the CC&Rs and bylaws. Any internal appeal right is contractual, supplemented by ordinary judicial remedies.
New Hampshire's recent legislative and judicial activity
Recent bills
New Hampshire's 2024 session produced three condominium acts, covering meeting procedures, proxy rules, and dispute resolution.22
HB 1172 · Chapter 118 · 2024 Regular Session
This act amended RSA 356-B:37-c to sharpen which board and committee gatherings trigger notice and open-meeting requirements. Condominium associations now have clearer lines about when a gathering counts as a meeting that owners must be notified about and allowed to attend.16
| Property managers | Reconcile condominium board and committee meeting calendars and notice procedures with the amended RSA 356-B:37-c. |
| HOA board members | Boards now have clearer guidance on which gatherings trigger open-meeting and notice duties, reducing inadvertent violations. |
| Community association attorneys | Update compliance checklists to reflect the revised definition of meetings subject to owner-access rules. |
| Homeowners | Condominium owners gain more predictable notice about when board and committee sessions are open for attendance. |
HB 1129 · Chapter 222 · 2024 Regular Session
This act defined directed and undirected proxies in New Hampshire condominium law and reenacted the voting rule in RSA 356-B:39. Condominium unit owners now have a clearly defined proxy choice when they cannot attend a meeting in person.23
| Property managers | Proxy forms and voting procedures for condominiums should be updated to reflect the directed/undirected proxy distinction. |
| HOA board members | Boards must accept and correctly categorize proxies under the new statutory definitions at annual and special meetings. |
| Community association attorneys | The reenacted RSA 356-B:39 creates fresh interpretive questions about proxy validity and voting challenges. |
| Homeowners | Condominium owners gained a defined proxy choice — directed or undirected — when they cannot vote in person. |
HB 308 · Chapter 322 · 2024 Regular Session
This act created a Condominium Dispute Resolution Board within the Office of Professional Licensure and Certification, replacing the older study committee at RSA 356-B:70. The board accepts a $250 filing fee and hears complaints about failures to follow a declaration, bylaws, or the voting procedures in RSA 356-B:39 — giving condominium owners a state forum that did not previously exist.24
| Property managers | Declaration and bylaw compliance is now subject to state administrative review, not just civil court action. |
| HOA board members | Boards facing governance disputes may now see complaints filed with OPLC instead of — or in addition to — superior court filings. |
| Community association attorneys | Track the new board's procedural rules and precedents as OPLC develops its dispute resolution practice. |
| Homeowners | Condominium owners now have a lower-cost state forum for complaints about their association's governance. |
Recent court rulings
New Hampshire HOA appeals go directly to the Supreme Court, with no intermediate court to absorb the dispute. Two 2024 decisions addressed limited common area rights and condominium conversion.
Moda v. Fernwood at Winnipesaukee Condominium Association
This case arose from improvements the Gelinases made to their unit that expanded into the limited common area of an eight-unit condominium. The court held that the expansion required compliance with RSA 356-B:19, I — which calls for the consent of all adversely affected unit owners — and that the Fernwood declaration did not waive that requirement. The court vacated the trial court's summary judgment and attorney's fee award and remanded the case.25
| Property managers | Unit alterations touching limited common area should not move forward without verifying consent requirements under RSA 356-B:19. |
| HOA board members | A board vote approving a unit expansion does not by itself satisfy the statutory consent standard for limited common area. |
| Community association attorneys | Declaration language must expressly waive RSA 356-B:19 to vary it; general encroachment clauses may not suffice. |
| Homeowners | Owners adversely affected by a neighbor's expansion into shared limited common area retain statutory consent rights. |
Commerce Park Condominium Association v. Little Deer Valley, LLC
This case addressed what it takes for convertible land to actually become condominium units. The court held that a declarant must physically construct the planned building — a promise in the declaration does not do the job. For associations and declarants managing convertible land, the ruling sets a clear physical threshold before conversion takes legal effect.26
| Property managers | Convertible land in a managed community does not become unit inventory until the building is physically constructed. |
| HOA board members | Boards should not treat convertible land as converted based on declaration language alone — physical construction is required. |
| Community association attorneys | Conversion disputes hinge on whether construction occurred, not on declarant intent expressed in the instruments. |
| Homeowners | Owners in a phased development can use this ruling to clarify when new units officially join the community. |
Active legislative debates
Two bills in New Hampshire's pipeline aim to expand transparency obligations for HOAs and tighten the rules for amending condominium instruments.
HB 1523 · 2026 Regular Session
This bill proposes adding records-retention requirements, member-access rights, and executive-session limits to RSA 292:8-m for homeowners' associations, with the Department of Justice handling enforcement. If it passes, New Hampshire planned communities would face statutory transparency obligations for the first time.27
| Property managers | Records management systems would need to meet new statutory retention standards for planned communities — not just condominiums. |
| HOA board members | Executive sessions would face statutory limits for the first time for non-condominium associations. |
| Community association attorneys | DOJ enforcement authority over HOA governance would mark a significant expansion of the state's oversight role. |
| Homeowners | Members of non-condominium HOAs would gain defined access rights to records backed by a state enforcement mechanism. |
HB 383 · 2025 Regular Session
This proposal would require condominiums to register their rules with a state database and set a minimum owner-vote threshold for amending a declaration. The bill reflects a recurring legislative effort to raise the bar for changes to governing documents that bind all owners.28
| Property managers | Condominiums would need a registration process for rules, adding a compliance step whenever policies change. |
| HOA board members | Declaration amendments would require meeting a minimum owner-vote threshold set by statute. |
| Community association attorneys | Amendment strategies must account for a higher statutory bar for changing core governing documents. |
| Homeowners | Unit owners would gain more protection against rule changes pushed through without broad owner support. |
National positioning and related coverage
New Hampshire sits in the hybrid category of states: condominium-complete through RSA 356-B but CC&R-primary for non-condominium planned communities. That posture resembles Hawaii and Massachusetts, which regulate condominiums closely while leaving other associations largely to their recorded documents. New Hampshire's court architecture is also distinctive: the absence of an intermediate appellate court routes civil appeals straight to the New Hampshire Supreme Court, a single-tier structure comparable to Vermont and to Alaska on the civil side. Most timely appeals are mandatory under Supreme Court Rule 7. For multi-state operators, the practical implication is straightforward: a single management playbook will not transfer cleanly. New Hampshire condominium files run on statute, planned-community files run on contract, and appellate exposure escalates quickly because there is no middle court to absorb it.
Federal frameworks — including the Fair Housing Act and federal debt-collection rules — also apply to associations in the state.
Closing note
HOA Weekly updates its New Hampshire Governing Statute coverage quarterly to reflect new legislation and New Hampshire Supreme Court rulings. Federal frameworks, including the Fair Housing Act and federal debt-collection rules, apply to associations in the state and receive separate treatment in HOA Weekly's federal section.
Sources
- N.H. Rev. Stat. Ann. ch. 356-B, Condominium Act, Table of Contents ↩
- N.H. Dep't of Justice, Consumer Protection and Antitrust Bureau, Condominium and Subdivision Registration ↩
- N.H. Judicial Branch, Find a Court ↩
- Marcus, Errico, Emmer & Brooks, P.C., MA, RI and NH Condominium Acts Contain Different Provisions Relative to Developer Provisions ↩
- N.H. Rev. Stat. Ann. §§ 356-B:1, 356-B:2 (eff. Sept. 10, 1977) ↩
- N.H. Rev. Stat. Ann. § 356-B:3, Definitions ↩
- N.H. Rev. Stat. Ann. § 356-B:52, Public Offering Statement ↩
- N.H. Rev. Stat. Ann. § 356-B:13, Complementarity of Condominium Instruments (2016, 311:4, eff. Aug. 1, 2016) ↩
- N.H. Rev. Stat. Ann. ch. 292, Voluntary Corporations and Associations, Table of Contents ↩
- N.H. Rev. Stat. Ann. § 292:8-m, Homeowners' Associations (2023, 114:1, eff. Jan. 1, 2024) ↩
- Moda v. Fernwood at Winnipesaukee Condominium Ass'n, Plaintiffs' Brief, citing Schaefer v. Eastman Community Ass'n, 150 N.H. 187 (2003) (N.H. Sup. Ct. Docket 2023-0268) ↩
- N.H. Judicial Branch, How NH Courts Work (Superior Court jurisdiction; only forum for jury trials) ↩
- N.H. Judicial Branch, Case Types (Circuit Court District, Family, and Probate Divisions) ↩
- N.H. Sup. Ct. R. 7, Appeal from Trial Court Decision on the Merits ↩
- N.H. Rev. Stat. Ann. § 356-B:37, Meetings ↩
- N.H. Rev. Stat. Ann. § 356-B:37-c, Meetings of the Board of Directors and Committees of the Association (as amended by 2024, ch. 118, eff. Jan. 1, 2025) ↩
- N.H. Rev. Stat. Ann. § 356-B:40-c, Adoption of Budgets and Special Assessments ↩
- N.H. Rev. Stat. Ann. § 356-B:46, Lien for Assessments ↩
- N.H. Rev. Stat. Ann. § 356-B:58, Resale by Purchaser ↩
- N.H. Rev. Stat. Ann. § 356-B:37-e, Disclosure of Financial Information and Meeting Minutes to Unit Owners ↩
- N.H. Rev. Stat. Ann. § 356-B:15, Compliance With Condominium Instruments ↩
- N.H. Rev. Stat. Ann. ch. 356-B, Table of Contents (noting repeal of § 356-B:70 by 2024, ch. 322, eff. Jan. 1, 2025); LegiScan, NH HB 1172 (2024 ch. 118); LegiScan, NH HB 1129 (2024 ch. 222) ↩
- LegiScan, N.H. HB 1129 (2024), signed, ch. 222, eff. Jan. 15, 2025 (defines directed and undirected proxies; reenacts N.H. Rev. Stat. Ann. § 356-B:39, IV) ↩
- N.H. Gen. Court, HB 308 — As Amended by the House, An Act Establishing a Condominium Dispute Resolution Board (enacted as 2024 ch. 322; OPLC administration; $250 filing fee; jurisdiction over failures to follow declaration, bylaws, and N.H. Rev. Stat. Ann. § 356-B:39 voting procedures) ↩
- Moda v. Fernwood at Winnipesaukee Condominium Ass'n, N.H. Sup. Ct. Docket 2023-0268 (Nov. 26, 2024) ↩
- Commerce Park Condominium Ass'n v. Little Deer Valley, LLC, N.H. Sup. Ct. Docket 2023-0170 (Apr. 4, 2024) ↩
- LegiScan, N.H. HB 1523 (2026), Relative to disclosure requirements for condominium associations (proposes amending N.H. Rev. Stat. Ann. § 292:8-m; records retention; member access; executive-session limits; DOJ enforcement) ↩
- LegiScan, N.H. HB 383 (2025), Relative to the authority of condominium boards and unit owners to create and amend condominium instruments (registration of rules; declaration-amendment threshold) ↩