How to Fight an HOA Violation in New Hampshire

New Hampshire's condominium fining process is governed primarily by the association's declaration, bylaws, and rules, with the framework provided by RSA 356-B. Understanding both the statute and your specific governing documents is essential when fighting a violation. Compare New Hampshire's rules to neighboring states: Massachusetts, Maine, Connecticut.

The Typical New Hampshire Fining Process

1. Violation Identification — The board of directors or property manager identifies an alleged rule violation through inspection, complaint, or observation.
2. Written Notice — The association sends written notice identifying the specific rule or governing document provision violated, the action required to cure, and potential penalties.
3. Cure Period — Most governing documents provide a reasonable cure period (typically 10-30 days) during which you can correct the violation without fine.
4. Opportunity to Be Heard — Before imposing a fine, the board should provide you with an opportunity to respond, either at a hearing or in writing. Most well-drafted New Hampshire condominium bylaws include this requirement.
5. Board Determination — The board considers your response and determines whether a violation occurred and what sanctions to impose.
6. Fine Imposition — If the board finds a violation that was not cured, it may impose a fine consistent with the established fine schedule.

Each step should be documented in writing. If the association skips steps or fails to follow its own procedures, the fine may be invalid. New Hampshire courts hold associations to their governing documents and expect fair treatment of unit owners.

Follow this systematic approach to maximize your chances of winning your violation appeal or invalidating an unfair fine under New Hampshire law.

Step 1: Review the Violation Notice

Within 24 hours, examine the notice for:

• Specific description of the alleged violation
• Exact provision of the declaration, bylaws, or rules cited
• Action required to cure the violation
• Deadline for cure or response
• Notice of your right to respond or be heard
• The fine amount or schedule that may apply

Step 2: Review Your Governing Documents

Obtain your declaration, bylaws, and rules and regulations. Under RSA 356-B:42, the declaration and bylaws define the association's powers. Verify:

• Does the cited rule actually exist?
• Was it properly adopted?
• Does the board have authority to impose fines?
• What enforcement procedures must be followed?
• What is the fine schedule?

Step 3: Gather Evidence

• Timestamped photos of your property and the alleged violation
• Photos of other units with similar landscaping, parking, or maintenance violations not cited
• All correspondence with the HOA
• Records showing cure within the cure period
• Evidence of procedural failures

Step 4: Submit a Written Response

Prepare a formal written response addressing:

• Your factual defense
• Procedural defects in the notice or process
• Evidence of selective enforcement
• Citations to RSA 356-B and your governing documents
• A clear request for dismissal or reversal

Read our guide on how to respond to HOA violation notices.

Step 5: Attend the Hearing

If a hearing is offered:

• Attend in person with organized evidence
• Present your case professionally, citing specific rules and statutes
• Request the hearing be documented in board minutes
• Bring a witness if available

Step 6: Escalation

If the board rules against you:

• Internal appeal — Check bylaws for an appeal process
• Mediation — New Hampshire encourages alternative dispute resolution
• New Hampshire Attorney General — The Consumer Protection Bureau handles some HOA complaints
• Small claims court — For disputes under $10,000 in New Hampshire Circuit Court — District Division
• Superior Court — For larger disputes or claims of breach of fiduciary duty

Selective enforcement is a strong defense in New Hampshire HOA disputes. When an association enforces a rule against one owner but ignores identical violations by others, it undermines the enforcement action's legitimacy and may constitute a breach of the board's duty to act fairly.

Why Selective Enforcement Matters in New Hampshire

New Hampshire law expects condominium boards to act fairly and within their authority. Selective enforcement violates:

• The board's duty to enforce rules uniformly under the governing documents
• The implied covenant of good faith and fair dealing
• Due process principles requiring equal treatment
• The reasonableness standard applied by New Hampshire courts

How to Document Selective Enforcement

Step 1: Identify 3-5 other units with similar violations that were not cited:

• Landscaping — Similar conditions at other units
• Parking — Similar parking violations not enforced
• Architectural modifications — Unapproved changes at other units
• Decoration or maintenance — Similar conditions elsewhere

Step 2: Request enforcement records from the association:

• List of all violations issued in the past 2-3 years for this type of violation
• Which violations resulted in fines vs. warnings
• Board meeting minutes discussing enforcement
• The written enforcement policy

Step 3: Present comparative evidence:

1. Side-by-side photos comparing your property with unfined properties
2. Clear labels identifying each property
3. Statement that the association has selectively enforced the rule against you
4. Cite the board's duty of fair and uniform enforcement
5. Request dismissal based on unequal treatment