New Hampshire HOA Laws Explained: Homeowner Rights & Board Obligations

New Hampshire's condominium and HOA law is governed by two primary statutes. Understanding which applies to your community is essential to knowing your rights.

RSA 356-B — New Hampshire Condominium Act

RSA 356-B is the comprehensive statute governing condominiums in New Hampshire:

• RSA 356-B:1 to 356-B:6 — Definitions, applicability, and general provisions
• RSA 356-B:7 to 356-B:20 — Creation and recording of condominiums, declaration contents, and common-area allocation
• RSA 356-B:35 — Contents of the bylaws (defines the association's powers and procedures)
• RSA 356-B:37 / 356-B:37-e — Association meetings; disclosure of financial information and meeting minutes to unit owners
• RSA 356-B:39 — Allocation of votes and voting
• RSA 356-B:46 — Liens for assessments and enforcement of liens
• RSA 356-B:43 — Insurance requirements
• RSA 356-B:47-a — Flag display (associations may not prohibit US flag display consistent with the flag code; reasonable size/manner rules allowed)
• RSA 356-B:50 to 356-B:58 — Registration, public offering statements, and disclosures (AG enforcement at §§59–65)

Non-Condominium HOAs

New Hampshire has no comprehensive planned-community statute. Non-condominium HOAs are governed by:

• Their recorded covenants, conditions & restrictions (CC&Rs) and bylaws
• RSA 292 (voluntary corporations) if organized as a nonprofit corporation — see below
• General contract and property law
• Note: RSA 356-C is the condominium-conversion tenant-protection act, not an HOA-governance statute

RSA 292 — Voluntary Corporations and Associations

Many New Hampshire HOAs are organized as voluntary corporations under RSA 292:

• Provides corporate governance framework for HOAs organized as nonprofit corporations
• Board member duties and governance procedures
• Member rights including voting and record access

Compare New Hampshire's framework to Maine (Maine Condominium Act, based on the Uniform Condominium Act), Massachusetts (M.G.L. c. 183A), and Connecticut (CIOA).

RSA 356-B and New Hampshire common law establish important rights for condominium unit owners. These rights provide the foundation for challenging improper board actions.

Record Access Rights

Under RSA 356-B:37-e and most condominium bylaws, unit owners have the right to access:

• Financial records — Budgets, financial statements, and records of receipts and expenditures
• Meeting minutes — Minutes of board meetings and unit owner meetings
• Governing documents — Declaration, bylaws, rules and regulations, and amendments
• Insurance policies — Details of the condominium's insurance coverage
• Assessment records — Records of assessments levied and payments

Meeting and Voting Rights

• Annual meeting — Required for unit owner elections and business (RSA 356-B:37)
• Board meetings — A statutory right, not a bylaw favor: RSA 356-B:37-c requires an open regular board meeting at least quarterly with a reasonable opportunity for owner comment, 10 days' notice, and pre-distributed board materials available to owners; non-open meetings must be recorded and the recording made available on request
• Voting rights — Right to vote on board elections, amendments, and major decisions
• Proxy voting — A statutory owner right under RSA 356-B:39 (directed or undirected proxy is "the choice of the unit owner"), with anti-concentration caps: in associations over 20 units, one person's proxies cannot exceed 10% of votes cast
• Special meetings — Can be called per the bylaws, often by petition of a percentage of unit owners

Due Process in Enforcement

• Written notice — Required before fines or sanctions are imposed
• Opportunity to be heard — Right to present your case before penalties are levied
• Follow governing documents — Board must comply with established enforcement procedures
• Reasonable enforcement — Rules and penalties must be reasonable

Protected Activities

• American flag display — For condominiums, protected by state statute: RSA 356-B:47-a bars associations from prohibiting US flag display consistent with the flag code (reasonable size/manner rules allowed). All HOAs are also covered by the federal Freedom to Display the American Flag Act of 2005
• Solar energy systems — New Hampshire has NO statute that voids HOA solar restrictions (proposed bills HB 1535 in 2020 and HB 1380 in 2022 both failed). Whether your HOA may restrict solar depends on your CC&Rs
• Clotheslines — New Hampshire has NO right-to-dry statute; clothesline use is governed by your CC&Rs
• Fair housing — New Hampshire RSA 354-A prohibits discrimination in housing based on race, color, religion, sex, national origin, age, marital status, familial status, sexual orientation, gender identity, and disability

New Hampshire condominium boards have specific obligations under RSA 356-B and general fiduciary principles. Understanding these duties helps you hold the board accountable when it acts improperly.

Association Powers (RSA 356-B:35 & the declaration)

The association's powers are defined by its bylaws (RSA 356-B:35) and declaration, and are exercised by the board:

• Adopt rules and regulations — Governing use of common areas and units, consistent with the declaration and bylaws
• Collect assessments — Levy and collect regular and special assessments to fund common expenses
• Maintain common areas — Repair, maintain, and manage common elements
• Enforce governing documents — Enforce the declaration, bylaws, and rules, including through fines if authorized
• Obtain insurance — Maintain adequate property and liability insurance

Fiduciary Duties

Board members owe fiduciary duties to all unit owners:

• Duty of care — Act with reasonable care and diligence
• Duty of loyalty — Put the association's interests above personal interests
• Duty of good faith — Act honestly and fairly
• Duty to follow the documents — Comply with the declaration, bylaws, and applicable law

Enforcement Obligations

• Enforce uniformly — Rules must be applied consistently to all unit owners
• Follow procedures — Must comply with enforcement procedures in the governing documents
• Provide due process — Notice and opportunity to be heard before sanctions
• Act reasonably — Penalties must be proportionate
• Document decisions — Record enforcement actions in meeting minutes

What the Board CANNOT Do

• Cannot exceed declared authority — Actions must be within the scope of the declaration and bylaws
• Cannot retaliate — Cannot punish owners for asserting legal rights
• Cannot selectively enforce — Must treat all owners equally in rule enforcement
• Cannot discriminate — Must comply with RSA 354-A (fair housing law)
• Cannot prohibit U.S. flag display — Protected by RSA 356-B:47-a for condominiums and federal law for all HOAs (no state solar or clothesline statute exists in New Hampshire)
• Cannot deny record access without legal justification

RSA 356-B and most governing documents provide frameworks for amending declarations and bylaws. If your association's documents need reform, the amendment process is the route.

Who Has Amendment Authority?

• Unit owners, not the board alone — Declaration amendments require unit-owner approval, typically by supermajority
• Supermajority thresholds — Most New Hampshire declarations require 67% to 75% of votes
• Bylaw amendments often easier — Frequently only majority vote
• Rules and regulations — The board can typically adopt or change these without a member vote

Calling a Special Meeting

Under RSA 356-B and most bylaws, unit owners can demand special meetings:

• Petition threshold — For condominiums it's statutory: RSA 356-B:37, II requires a special meeting on request of unit owners holding at least 33% of the votes (bylaws may set a lower percentage). If the association doesn't notify owners within 30 days of the request, the requesting owners may notice the meeting themselves
• Written demand — Submit a written petition with the proposed agenda
• Board duty to call — Within a reasonable period after the demand
• Notice requirements — All unit owners must receive advance notice

Practical Strategy: Reform from Within

1. Identify the problematic provisions in the declaration, bylaws, or rules
2. Draft proposed amendments with help from a New Hampshire real estate attorney
3. Build coalition support — Required because supermajority approval is needed
4. Request the unit-owner roster and records under RSA 356-B:37-e
5. Run candidates for the board — Often complementary to amendment efforts

New Hampshire HOA disputes are decided under RSA 356-B, contract law, and common-law doctrines. Several principles repeatedly favor homeowners.

Interpretation of Restrictive Covenants — An Important NH Difference

Unlike many states, New Hampshire does not apply a rule of strict construction against enforcement — the NH Supreme Court rejected that doctrine in Joslin v. Pine River Development Corp., 116 N.H. 814 (1976), and has reaffirmed the rejection since (Shaff v. Leyland, 154 N.H. 495 (2006)). Covenants are interpreted by the parties' intent in light of the surrounding circumstances. What that still means for you:

• Courts will not extend a restriction beyond its plain meaning — conduct outside the provision's terms is not a violation
• The board cannot rewrite a restriction through "interpretation"
• Subjective standards remain vulnerable as too vague to enforce uniformly
• But do not argue "strict construction" or "ambiguities favor the homeowner" to an NH board or court — that is abandoned doctrine and citing it undermines your credibility

Implied Covenant of Good Faith

New Hampshire recognizes the implied covenant in every contract, including declarations and bylaws:

• Selective enforcement violates good faith
• Retaliation against unit owners for exercising rights violates good faith
• Arbitrary application of rules violates good faith

Statutory Protections Specific to New Hampshire

New Hampshire law gives unit owners several specific protections that override conflicting CC&R provisions:

• RSA 354-A — Fair housing (prohibits discriminatory enforcement)
• Federal Freedom to Display the American Flag Act — Protects U.S. flag display
• RSA 354-A — Fair housing law (federal + state protections)
• RSA 356-B:37-e — Record-access and financial-disclosure rights

Business Judgment Rule — and Its Limits

• Decisions must be informed
• Decisions must be in good faith
• Decisions must be within the board's authority under RSA 356-B and governing documents
• Procedural defects defeat business judgment protection