There are no specific statutes that govern homeowners associations in New Hampshire. Still, there are some laws that can apply to them. Here are the New Hampshire HOA laws you should keep in mind.
For Condominiums
There are two Acts that apply to condominiums in New Hampshire. The first is the New Hampshire Unit Ownership of Real Property Act. This Act governs condominiums formed prior to September 10, 1977.
The second is the New Hampshire Condominium Act, which regulates the creation, authority, operation, and management of all condominiums formed after September 10, 1977. Some of the provisions found under this Act also apply to condominiums created before that date.
New Hampshire Unit Ownership of Real Property Act
You can find this Act under Title 48, Chapter 479-A of the New Hampshire Revised Statutes. It consists of 28 sections, listed below.
- Definitions.
- Application of Chapter.
- Status of the Units.
- Ownership of Units.
- Common Areas and Facilities.
- Compliance With Covenants, Bylaws and Administrative Provisions.
- Certain Work Prohibited.
- Liens Against Units; Removal From Lien; Effect of Part Payment.
- Common Profits and Expenses.
- Contents of Declaration.
- Contents of Deeds of Units.
- Copy of Floor Plans To Be Filed.
- Blanket Mortgages and Other Blanket Liens Affecting a Unit at Time of First Conveyance.
- Recording.
- Removal From Provisions of This Chapter.
- Removal No Bar to Subsequent Resubmission.
- Bylaws.
- Contents of Bylaws.
- Books of Receipts and Expenditures; Availability for Examination.
- Waiver of Use of Common Areas and Facilities; Abandonment of Unit.
- Separate Taxation.
- Priority of Lien.
- Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses.
- Insurance.
- Disposition of Property; Destruction or Damage.
- Actions.
- Personal Application.
- Severability.
New Hampshire Condominium Act
You can find the New Hampshire Condominium Act under Title 31, Chapter 356-B of the New Hampshire Revised Statutes. It consists of several sections, outlined below.
- Short Title.
- Application.
- Definitions.
- Separate Titles and Taxation.
- Municipal Ordinances.
- Eminent Domain.
- Applicability of Chapter.
- Creation of Condominium.
- Release of Liens.
- Description of Condominium Units.
- Execution of Condominium Instruments.
- Recordation of Condominium Instruments.
- Construction of Condominium Instruments.
- Complementarity of Condominium Instruments.
- Validity of Condominium Instruments.
- Compliance With Condominium Instruments.
- Contents of Declaration.
- Allocation of Interests in the Common Areas.
- Reallocation of Interests in the Common Areas.
- Assignments of Limited Common Areas.
- Contents of the Site Plans and Floor Plans.
- Preliminary Recordation of Floor Plans.
- Easement for Encroachments.
- Conversion of Convertible Lands.
- Conversion of Convertible Spaces.
- Expansion of the Condominium.
- Contraction of the Condominium.
- Easement to Facilitate Conversion and Expansion.
- Easement to Facilitate Sales.
- Declarant’s Obligation to Complete and Restore.
- Alterations Within Units.
- Relocation of Boundaries Between Units.
- Subdivision of Units.
- Termination of Condominium or Amendment of Instruments Before Conveyance of Unit.
- Termination of Condominium or Amendment of Instruments After Conveyance of Unit.
- Division of Condominium.
- Contents of the Bylaws.
- Control by the Declarant.
- Meetings.
- Notice to Unit Owners.
- Meetings by Telephonic, Video, or Other Conferencing Process.
- Meetings of the Board of Directors and Committees of the Association.
- Executive Session.
- Disclosure of Financial Information and Meeting Minutes to Unit Owners.
- Quorums.
- Voting.
- Voting Without a Meeting.
- Members of the Board of Directors and Officers.
- Managing Agent and Contractors; Disclosure of Fees; Qualifications.
- Removal of Officers and Directors.
- Adoption of Budgets and Special Assessments.
- Upkeep of the Condominium; Warranty Against Structural Defects.
- Control of the Common Areas.
- Insurance.
- Rights to Common Profits.
- Liabilities for Common Expenses.
- Lien for Assessments.
- Rent Collection Upon Delinquency in Payment of Common Expenses.
- Restraints on Alienation.
- Flag Display.
- Administration; Enforcement.
- Exemptions.
- Limitations on Dispositions of Units.
- Application for Registration; Fee.
- Public Offering Statement.
- Inquiry and Investigation.
- Notice of Filing and Registration.
- Annual Report by Declarant.
- Conversion Condominium; Special Provisions.
- Escrow of Deposits.
- Resale by Purchaser.
- General Powers and Duties of the Attorney General.
- Investigations and Proceedings.
- Cease and Desist Orders.
- Revocation of Registration.
- Judicial Review.
- Penalties.
- Civil Remedy.
- Jurisdiction.
- Interstate Rendition.
- Service of Process.
- Conflict of Interests.
- Committee to Study the Laws Relating to Condominium and Homeowners’ Associations.
New Hampshire HOA Laws on Corporate Governance
The New Hampshire Voluntary Corporations and Associations Act regulates the corporate procedure and structure of non-profit corporations in the state. Many associations are established as non-profit corporations in New Hampshire and are, therefore, governed by this Act. It is worth mentioning that New Hampshire currently does not have an Act dedicated to homeowners associations in particular.
You can find this Act under Title 27, Chapter 292 of the New Hampshire Revised Statutes. It consists of the following sections:
- Incorporators; Purposes.
- Legal Services.
- Articles of Agreement.
- Charitable Corporations; Required Provisions.
- Name.
- Record of Articles of Agreement; Effect.
- Fees for Recording.
- Repealed by 1957, 32:1, eff. Mar. 16, 1957.
- Foreign Nonprofit Corporations; Registration, Fees.
- Online Filing.
- Bylaws; Organization.
- Board of Directors of Charitable Nonprofit Corporations.
- Voting.
- Change of Name; Amending Articles.
- Capital Structure.
- Repealed by 1975, 95:2, eff. June 21, 1975.
- Terms Defined.
- Organization.
- Approval.
- General Statement.
- Freedom From Liability.
- Submission of Plans.
- Continuing Review.
- Limitation on Name.
- Granting of Degrees.
- Penalty.
- Injunctive Relief.
- Repealed by 1973, 533:15, eff. July 1, 1973.
- Reports Required.
- Powers Extended.
- Procedure.
- Filing Order.
- Dissolution by Vote.
- Repealed by 1985, 339:16, I, eff. June 14, 1985.
- Holding Property.
- Deemed Corporations for What Purposes.
- Unincorporated Association Receiving and Using Donations.
- Application of Subdivision.
- Application for Incorporation.
- Articles of Agreement.
- Charitable Corporations.
- Collective Investments.
- Exception.
- Contributions and Withdrawals.
- Legislative Amendment.
- Public and Charitable Trust Funds.
- Charters of Voluntary Corporations Created by Legislative Act.
- Renewal Required.
- Repealed by 1988, 93:10, eff. April 18, 1988.
- Repealed by 1985, 339:16, II, eff. June 14, 1985.
- Repealed by 1985, 339:16, III, eff. June 14, 1985.
- Disposition of Corporate Assets.
- Revival of Charter.
- Abandonment of Stock or Certificate.
New Hampshire HOA Laws on Fair Debt Collection
The federal Fair Debt Collection Practices Act applies to all debt collectors nationwide. In New Hampshire, though, exists state-level regulations for debt collection practices. The New Hampshire Unfair, Deceptive, or Unreasonable Collection Practices Act lists down some of the prohibited practices and acts by debt collectors. Unlike the federal Act, though, the New Hampshire Act applies to both third-party debt collectors as well as creditors.
Victims of any prohibited debt collection practices can submit a complaint to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the New Hampshire Consumer Protection and Antitrust Bureau.
Fair Housing
Functioning similarly to the federal Fair Housing Act, the New Hampshire Law Against Discrimination offers protection from housing discrimination based on sex, sexual orientation, gender identity, age, creed, color, race, national origin, familial status, marital status, physical disability, or mental disability.
Victims of discriminatory acts can submit a complaint to the U.S. Department of Housing and Urban Development or the New Hampshire Commission for Human Rights. They can also file a lawsuit in federal or state court.
Disabilities Act
Although the Fair Housing Act already prohibits discrimination based on disability, the New Hampshire Service Animals and Search and Rescue Dogs Act dives a little deeper into the issue. It works in much the same way as the Americans with Disabilities Act in that it offers protection to persons with disabilities in public accommodations. For homeowners associations, this pertains to common areas that are open to the general public.
According to New Hampshire HOA laws, a disabled person’s specially trained dogs must be allowed into any common area where the owner is allowed to enter. Associations may not charge extra fees to allow the service animal, though the owner can be held liable for any damage or injury as a result of their service animal.
