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:15 to 356-B:23 — Creation of condominiums, declaration requirements, and common areas
• RSA 356-B:30 to 356-B:45 — Unit owners' association governance, board powers, and member rights
• RSA 356-B:42 — Powers and duties of the unit owners' association (critical for understanding enforcement authority)
• RSA 356-B:45 — Bylaws requirements
• RSA 356-B:46 — Liens for assessments and enforcement of liens
• RSA 356-B:47 to 356-B:50 — Insurance requirements
• RSA 356-B:53 to 356-B:58 — Consumer protection provisions and disclosures

RSA 356-C — Voluntary Corporations and Associations

Non-condominium HOAs in New Hampshire may fall under RSA 356-C:

• Governs voluntary associations that are not condominiums
• Provides basic organizational and governance framework
• Supplements the recorded CC&Rs for planned communities
• Less detailed than the Condominium Act

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 (Uniform Common Interest Ownership 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:42 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:45)
• Board meetings — Generally open to unit owners under the bylaws
• Voting rights — Right to vote on board elections, amendments, and major decisions
• Proxy voting — Generally permitted unless the bylaws prohibit it
• 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 — Protected under federal law
• Solar energy systems — New Hampshire RSA 477:49 protects the right to install solar energy systems; unreasonable restrictions are void
• Clotheslines — RSA 236:32 protects the right to use clotheslines; HOAs cannot prohibit them
• 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, 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.

Powers and Duties (RSA 356-B:42)

RSA 356-B:42 outlines the association's powers, which 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 restrict protected activities — Cannot prohibit solar panels (RSA 477:49), clotheslines (RSA 236:32), or flag display
• Cannot deny record access without legal justification