Know Your LawNH

Which New Hampshire Laws Govern Your HOA or Condo?

By The HOARebel Team · October 5, 2026 · 11 min read

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

Before you can hold a New Hampshire association to the law, it helps to know which law applies — and the answer is a stack of several laws, not one. Which pieces of that stack matter most depends on whether your community is a condominium, an older pre-1977 condominium, or a subdivision HOA, and on how the association was organized. For your specific situation, a licensed New Hampshire attorney is the right resource. This is general information, not legal advice.

No general HOA statute

New Hampshire has no comprehensive statute governing non-condominium homeowners' associations. The state's main association statute, the Condominium Act (RSA 356-B), applies to condominiums only. Subdivision HOAs are governed primarily by their recorded covenants and the corporate law under which the association was formed, with one HOA-specific section in RSA 292, the voluntary-corporation law. Whether you are in a condominium or an HOA is the threshold question — Condo vs. HOA in New Hampshire walks through how to tell. This article maps the laws on each side of that line.

Condominiums: the Condominium Act (RSA 356-B)

The Act defines its own reach:

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

For a condominium, RSA 356-B is the main state law, and it addresses most of the questions owners bring to a board:

Meetings — a cluster of meeting and notice sections (§§ 356-B:37 through 356-B:37-d), including an open board meeting at least "once each quarter" at which owners "shall be afforded a reasonable opportunity to comment on any matter affecting the association" (§ 356-B:37-c, II; small condominiums are excepted). See attending association meetings in New Hampshire.
Voting and proxies — § 356-B:39, with directed and undirected proxies defined in § 356-B:3 by a 2024 law (Chapter 222, effective January 15, 2025).
Financial records and minutes — "Each unit owner shall have access to all financial information within 15 days of the unit owner's request regarding any contracts, mortgages, loans, and the terms of such loans, and any outstanding debts and balances of all accounts held by the association" (§ 356-B:37-e, II); minutes must be made available within 60 days of the meeting or 15 days of board approval, whichever occurs first (§ 356-B:37-e, V). See getting association financial records in New Hampshire.
The assessment lien — § 356-B:46, with a six-month recording window and a six-year limit to sue. See whether a New Hampshire association can lien or foreclose.
Compliance and enforcement — § 356-B:15 requires the declarant, the board, and every owner to comply with the chapter and the condominium instruments, and gives the prevailing party "all costs and attorneys' fees." See enforcing your rights against an association in New Hampshire.
Flag display — § 356-B:47-a bars a condominium association from prohibiting the outdoor display of the U.S. flag "in a manner consistent with the United States flag code and RSA 3-E," while allowing "reasonable rules regarding the size of the flag and the manner in which the flag is displayed."

The Act does not set a statutory cap on fines; fine authority comes from the governing documents, as covered in fighting an association fine in New Hampshire.

Older condominiums: RSA 479-A

Condominiums created before September 1977 can sit under a different statute. RSA 356-B:2, I states that the Condominium Act supersedes RSA 479-A, the Unit Ownership of Real Property Act, and that "no condominium shall be established under the latter on or after September 10, 1977." The same paragraph provides that, except in narrow situations involving time-share offerings or an amendment after that date "for the purpose of creating 10 or more additional units" in such a condominium (§ 356-B:2, II–III), the Condominium Act is not "deemed to apply" to property submitted to RSA 479-A before that date — and even in those situations, only the Act's "General Principles" and "Administration and Enforcement" subdivisions are made applicable, not its unit owners' association provisions.

RSA 479-A is a much shorter statute. Its records provision, for example, requires detailed records of receipts and expenditures for the common areas and states that those records "and the vouchers authorizing the payments shall be available for examination by the unit owners at convenient hours of weekdays" (RSA 479-A:19). The recorded declaration shows which statute a condominium was created under, and a licensed New Hampshire attorney can confirm which provisions reach a particular older community.

Subdivision HOAs: the covenants and RSA 292

Outside the condominium statutes, an HOA's rules and powers come mainly from two places.

The recorded governing documents. The declaration of covenants, bylaws, and rules bind owners and the association. With no general HOA statute, those documents supply most of the answers on assessments, fines, architectural control, and meetings.

RSA 292, Voluntary Corporations and Associations. This is New Hampshire's general law for forming voluntary (nonprofit) corporations. Its list of permitted purposes includes "The provision and care of walks, parks, recreational and athletic facilities, commons, roads and streets" (RSA 292:1, VI). The association's articles of agreement are recorded with the Secretary of State (RSA 292:4). A few of RSA 292's general rules reach into HOA life:

Bylaws "may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with the laws of the state or the articles of agreement" (RSA 292:6).
Members "shall have no voting rights, except as specifically provided in the articles or bylaws," and each member entitled to vote gets "no more than one vote" (RSA 292:6-b, III–IV).

RSA 292 also has one section written specifically for homeowners' associations established under it, RSA 292:8-m (added in 2023). Today it covers two situations. Except in associations that include timeshare ownership, if one person acquires more than half the votes after developer control ends, "a 2/3 majority shall be required to amend bylaws, budgets, and any contracted property management service" (RSA 292:8-m, I). And an association approved by a planning board cannot be dissolved before a hearing before that same board (RSA 292:8-m, II). A 2026 law (2026 N.H. Laws ch. 306, approved July 10, 2026) adds three more paragraphs that take effect January 1, 2027: a records-retention list and a right to examine and copy records "Upon 15 days' notice in a record reasonably identifying the specific records of the association requested" (paragraph III), limits on executive sessions under which "No final vote or action shall be taken during an executive session" (paragraph IV), and disclosure, membership-vote, and recusal requirements for contracts with a company in which an owner, director, or immediate family member has a pecuniary interest (paragraph V).

RSA 292:8-m applies to associations "established under this chapter." An HOA organized some other way, or not incorporated at all, falls outside it, which is one reason the association's articles and filings matter.

How the layers rank against each other

When the documents and the statute point in different directions, New Hampshire law supplies some tie-breakers.

For condominiums, the statute wins: "In the event of a conflict between the declaration or bylaws, the provisions of RSA 356-B shall control" (RSA 356-B:6-a, I). Among the condominium instruments themselves, "the declaration shall control; but particular provisions shall control more general provisions, except that a construction conformable with the statute shall in all cases control over any construction inconsistent therewith" (RSA 356-B:13). And "any unlawful provision thereof shall be voided" (RSA 356-B:14, I).

For an HOA formed under RSA 292, the bylaws are limited by the requirement that they be "not inconsistent with the laws of the state or the articles of agreement" (RSA 292:6). Beyond that, how a covenant is read and enforced is largely a question of the documents and general New Hampshire property and contract law, which is where a licensed attorney's review of the specific documents matters most.

Does a state agency oversee associations?

For condominiums, the Act assigns a state office: "The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice" (RSA 356-B:48). Under RSA 356-B:59, III, if a person has engaged or is about to engage in a violation of the chapter, "the attorney general ... may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter." Much of that part of the Act deals with developers — registration, public offering statements, and sales of units (§§ 356-B:50 through 356-B:58).

For owners in disputes with the association, the Act's main remedy is the court action under § 356-B:15. RSA 292:8-m, the HOA section of the nonprofit law, contains no comparable agency-enforcement provision. The broader picture of how little centralized oversight associations face is covered in Who Regulates HOAs?.

Fair housing: state and federal

Anti-discrimination law applies to condos and HOAs alike, and New Hampshire has its own version alongside the federal one.

The federal Fair Housing Act makes it unlawful "To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith" on protected grounds (42 U.S.C. § 3604(b)), and treats as discrimination "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling" (42 U.S.C. § 3604(f)(3)(B)).
New Hampshire's Law Against Discrimination (RSA 354-A) makes it an unlawful discriminatory practice, on grounds including age, sex, gender identity, race, religion, color, marital status, familial status, disability, and national origin, to "Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith" (RSA 354-A:10, II). Covenants that restrict conveyance or occupancy on the basis of race, color, religion, or national origin are void (RSA 354-A:13), and the Condominium Act separately provides that no restraint on alienation "shall discriminate or be used to discriminate against any person in violation of RSA 354-A" (RSA 356-B:14, III).

How the layers fit

Putting it together, a New Hampshire homeowner's rights generally come from:

The recorded governing documents — declaration, bylaws, rules, and (for condos) site and floor plans.
The property statute — the Condominium Act (RSA 356-B) for condominiums created on or after September 10, 1977; RSA 479-A for older condominiums; nothing comparable for subdivision HOAs.
The entity law — RSA 292 for associations formed as voluntary corporations, including RSA 292:8-m for HOAs established under it.
Anti-discrimination law — RSA 354-A and the federal Fair Housing Act.
Other federal law — such as the Freedom to Display the American Flag Act (which RSA 356-B:47-a references), and in particular situations the Americans with Disabilities Act or the Servicemembers Civil Relief Act.

The New Hampshire HOA and condo law guide collects the state's articles in one place.

Frequently asked questions

Is there a New Hampshire HOA Act?

No. New Hampshire has a Condominium Act (RSA 356-B) for condominiums and an older Unit Ownership of Real Property Act (RSA 479-A) for pre-1977 condominiums, but no comprehensive statute for subdivision HOAs. Those HOAs are governed mainly by their recorded covenants and, if formed as voluntary corporations, by RSA 292, including the HOA-specific section RSA 292:8-m.

If my condo's bylaws conflict with RSA 356-B, which controls?

The statute. RSA 356-B:6-a, I provides that in a conflict with the declaration or bylaws, "the provisions of RSA 356-B shall control," and RSA 356-B:13 provides that a construction consistent with the statute controls over one that is not.

What changes for New Hampshire HOAs on January 1, 2027?

For homeowners' associations established under RSA 292, 2026 N.H. Laws ch. 306 adds paragraphs to RSA 292:8-m covering records retention and a right to examine and copy records on 15 days' notice, limits on executive sessions with no final votes taken in them, and disclosure and voting requirements for contracts involving an owner's or director's pecuniary interest.

Does a state agency handle complaints about condo associations?

RSA 356-B:48 assigns administration and enforcement of the Condominium Act to the Department of Justice's Consumer Protection and Antitrust Bureau, and RSA 356-B:59 lets the attorney general sue to enforce compliance. Much of that part of the Act concerns developers and unit sales; for owners in disputes with the association, the Act's main remedy is a court action under RSA 356-B:15, with fees to the prevailing party.

Sources

Keep reading

The New Hampshire HOA guide covers the governing statute and lists every New Hampshire article.

Which HOA laws apply in other states
Nationwide overview: Who Regulates HOAs?