Can a New Hampshire Association Lien or Foreclose Over Unpaid Dues?

Unpaid dues are the most common flashpoint between owners and associations, and the word "lien" raises the stakes fast. In New Hampshire, condominium associations have a defined lien process under the Condominium Act (RSA 356-B) — and that process has deadlines that cut both ways. This is general information, not legal advice — for how it applies to your specific situation, a licensed New Hampshire attorney is the right resource.

Can a New Hampshire condo association put a lien on my unit?

Yes. Under RSA 356-B:46, I(a), a New Hampshire condominium's unit owners' association has a lien on every condominium unit for unpaid assessments levied against that unit, so unpaid common-expense assessments can attach to the unit as a lien. The practical questions are how the association perfects that lien and how long it has to act.

For condominiums, the Act creates the lien directly:

"The unit owners' association shall have a lien on every condominium unit for unpaid assessments levied against that condominium unit" — RSA 356-B:46, I(a)

The recording deadline

The Act requires the association to record a memorandum of lien in the registry of deeds to perfect its claim, and it sets a window for doing so — generally within six months of when the assessment became due. A lien the association never properly perfected within that window is on weaker footing, which is one of the first things a homeowner or attorney checks.

A time limit on enforcement

The association cannot sit on a perfected lien forever. The statute caps how long it has to sue:

"No suit to enforce any lien perfected under paragraph III shall be brought after 6 years from the time when the memorandum of lien was recorded" — RSA 356-B:46, IV

That six-year limit can come up as a defense when an association tries to enforce an old lien.

Where the lien ranks against a mortgage

For owners weighing the real risk, where the lien stands relative to a mortgage matters. Under § 356-B:46, once perfected the association's lien is "prior to all other liens and encumbrances" except real-estate tax liens, encumbrances recorded before the declaration, and "sums unpaid on any first mortgages or first deeds of trust … securing institutional lenders." So as a general matter the lien is subordinate to a first mortgage held by a bank or similar lender.

New Hampshire carves out one narrow exception. The lien for regular monthly common assessments unpaid "during the 6-month period immediately preceding the filing of the memorandum," plus collection costs and reasonable attorney's fees, "shall be prior to the first mortgage" — but only if the association sends notice of the delinquency to both the owner and the first-mortgage lender within the statute's timeframe. That is a limited priority window for a rolling six months of regular dues, not a blanket super-priority over the whole balance.

Fees and interest

The Act also addresses what a judgment can include:

"The judgment or decree in an action brought pursuant to this section shall include ... reimbursement for costs and attorneys' fees, together with interest" — RSA 356-B:46, V

Fee-shifting cuts both ways — it raises the stakes of fighting a valid lien, and it can also support an owner who prevails. The amounts and how they're calculated are reviewable.

Can a non-condo HOA put a lien on my home in New Hampshire?

It depends on the covenants. RSA 356-B, the New Hampshire Condominium Act, generally does not apply to non-condominium HOAs, so there is no lien under § 356-B:46 for them. Any lien right for a non-condo HOA turns on the covenants and general law, which is why the condo-versus-HOA distinction is decisive in New Hampshire.

The difference between the two is covered in Condo vs. HOA in New Hampshire.

What homeowners commonly do

People facing a lien or collection often request a full ledger of what is owed and how it was calculated — for condos, RSA 356-B:37-e reaches financial information within 15 days. Because foreclosure timelines and lien defenses are technical, anything approaching enforcement is the kind of question a licensed New Hampshire attorney evaluates.

Sources

• RSA 356-B:46 — Lien for Assessments
• RSA 356-B — New Hampshire Condominium Act (full chapter)