Liens & ForeclosureNH
Can a New Hampshire Association Lien or Foreclose Over Unpaid Dues?
By The HOARebel Team · May 27, 2026 · 3 min read · Updated June 2, 2026
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.
The condominium assessment lien
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)
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.
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 is a defense worth knowing about 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.
Non-condominium HOAs are different
If you live in a non-condominium HOA, RSA 356-B generally does not apply, and any lien right turns on the covenants and general law rather than § 356-B:46. See Condo vs. HOA in New Hampshire for why the distinction is decisive here.
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 something a licensed New Hampshire attorney should review promptly.