Condo vs. HOA in New Hampshire: Which Law Actually Applies to You?

Before you can fight your association in New Hampshire, you have to answer a threshold question most homeowners never think to ask: which law applies to you? New Hampshire treats condominiums and other HOAs very differently, and getting this wrong leads people to rely on rights they may not actually have. This is general information, not legal advice — for how it applies to your specific situation, a licensed New Hampshire attorney is the right resource.

Does New Hampshire have HOA laws?

Yes for condominiums, but only narrowly for other HOAs. New Hampshire's main association statute, the Condominium Act, RSA 356-B, applies to condominiums, and no comprehensive statute governs non-condominium planned communities. The closest is RSA 292:8-m, added in 2023, covering some voting and dissolution matters for HOAs established under RSA 292, with more paragraphs taking effect January 1, 2027.

By its own terms, the Condominium Act, RSA 356-B, is narrow:

"This chapter shall apply to all condominiums and to all condominium projects." — RSA 356-B:2, I

The same paragraph carves out older buildings. It says the Act "shall be deemed to supersede RSA 479-A, the New Hampshire Unit Ownership of Real Property Act; and no condominium shall be established under the latter on or after September 10, 1977." It also says that, "except as set forth in paragraphs II and III," the Act is not to "be deemed to apply to any real estate, or any interest therein, submitted to the provisions of RSA 479-A prior to September 10, 1977" (RSA 356-B:2). So a condominium created before that date may sit mainly under RSA 479-A instead.

RSA 292:8-m is a single section of the nonprofit law that applies to homeowners' associations established under RSA 292. Today it covers voting when one person acquires a majority of the votes and a planning-board hearing before dissolution, and paragraphs on records, executive sessions, and conflict-of-interest contracts take effect January 1, 2027 (2026 N.H. Laws ch. 306). That makes New Hampshire different from states like Florida or California, which have broad HOA statutes covering most communities.

So which are you?

It depends on whether the community is a condominium. Condominium unit owners generally have statutory rights under the Condominium Act, RSA 356-B, such as access to financial information and a defined assessment-lien process. A non-condominium HOA generally falls outside RSA 356-B, so owners' rights come mainly from the covenants, RSA 292 if incorporated, and general contract and property law.

Roughly speaking:

• Condominium. If you own a unit in a condominium — typically defined in a recorded declaration submitting the property to RSA 356-B — the Condominium Act gives you a set of statutory rights: access to financial information, a defined assessment-lien process, meeting and notice rules, and a compliance remedy.
• Non-condominium HOA. If you own a house in a subdivision with covenants and a homeowners' association (but it is not a condominium), RSA 356-B generally does not apply. Your rights come mainly from your declaration and bylaws (the covenants), New Hampshire's nonprofit corporation law (RSA 292) if the HOA is incorporated as a nonprofit, and general contract and property law — plus federal law such as the Fair Housing Act.

The recorded declaration is usually where the answer lives. It states what kind of community you are in and what statute, if any, it was created under.

Why the distinction is everything

The same dispute can have very different answers depending on which bucket you fall in:

• Records. Condo owners have a statutory 15-day access right under RSA 356-B:37-e. Non-condo HOA owners generally rely on the bylaws instead; for HOAs established under RSA 292, a records right on 15 days' notice (RSA 292:8-m, III) takes effect January 1, 2027.
• Liens. Condo associations have a defined lien process under RSA 356-B:46. A non-condo HOA's lien rights turn on its covenants and general law.
• Meetings, fines, enforcement. Condo owners point to RSA 356-B; non-condo owners point to their covenants and RSA 292.

What homeowners commonly do first

Because so much rides on it, people often start by pulling the recorded declaration from the county registry of deeds to confirm whether the community is a condominium under RSA 356-B (or, for a condominium created before September 10, 1977, the older RSA 479-A). A licensed New Hampshire attorney can confirm which legal framework governs a specific community — the foundation for every other question.

Sources

• RSA 356-B:2 — Application of chapter
• RSA 356-B — New Hampshire Condominium Act (full chapter)
• RSA 479-A — Unit Ownership of Real Property (table of contents)
• RSA 292 — Voluntary Corporations and Associations
• RSA 292:8-m — Homeowners' Associations