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.
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.
You can find this Act under Title 48, Chapter 479-A of the New Hampshire Revised Statutes. It consists of 28 sections, listed below.
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.
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:
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.
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.
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.