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.

New Hampshire has a Condominium Act — and that's it

The state's main association statute is the Condominium Act, RSA 356-B. By its own terms, it is narrow:

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

There is no comprehensive New Hampshire statute governing non-condominium planned communities the way RSA 356-B governs condos. That makes New Hampshire different from states like Florida or California, which have broad HOA statutes covering most communities.

So which are you?

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 and RSA 292 instead.
• 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. 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 292 — Voluntary Corporations and Associations