Enforcing Your Rights Against an Association in New Hampshire

You've read your governing documents, made your records request, raised the issue with the board — and nothing. What then? New Hampshire's enforcement path depends on whether you live in a condominium or another HOA, but for condos the Condominium Act spells it out. This is general information, not legal advice — for how it applies to your specific situation, a licensed New Hampshire attorney is the right resource.

For condominiums: compliance is enforceable in court

New Hampshire's Condominium Act (RSA 356-B) requires everyone in the community — including the board — to follow the chapter and the condominium instruments:

"The declarant, the board of directors, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments." — RSA 356-B:15, I

And it makes that obligation enforceable:

"Any lack of such compliance shall be grounds for an action or suit to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity." — RSA 356-B:15, I

Crucially, the obligation runs both ways. It is not just owners who must comply — the board must too. So when a board ignores the statute or the governing documents, § 356-B:15 is the provision that turns that failure into something a court can address.

Fee-shifting changes the calculus

The Act also shifts fees to the winner:

"The prevailing party shall be entitled to all costs and attorneys' fees incurred in any proceeding under RSA 356-B:15, I." — RSA 356-B:15, II

Fee-shifting cuts both ways — it raises the cost of pursuing a weak claim, but it can also make a meritorious one worth bringing, because a prevailing owner may recover costs and fees.

For non-condominium HOAs

If your community isn't a condominium, RSA 356-B generally doesn't apply. Enforcement instead runs through the declaration and bylaws (typically enforceable as covenants) and, if the HOA is a nonprofit corporation, RSA 292, plus general contract and property law. Federal law such as the Fair Housing Act applies to both condos and HOAs. See Condo vs. HOA in New Hampshire.

The layered set of options

New Hampshire homeowners generally have these layers to work through:

1. The governing documents — the declaration, bylaws, and rules.
2. The statute or corporate law — RSA 356-B for condos; RSA 292 for non-condo nonprofit HOAs.
3. The courts — where rights are ultimately enforced, with § 356-B:15 (for condos) providing the cause of action and fee-shifting.

Where to turn

Because the right framework and the available remedies depend on the specific community and documents, a licensed New Hampshire attorney can advise on whether RSA 356-B:15 or another path applies and what a particular dispute is likely to involve.

Sources

• RSA 356-B:15 — Compliance with chapter and condominium instruments
• RSA 356-B — New Hampshire Condominium Act (full chapter)
• RSA 292 — Voluntary Corporations and Associations