For volunteer board members
New Hampshire HOA Rules for Board Members (2026)
New to a New Hampshire HOA or condo board? Before you send a violation letter or set a fine, it helps to know what the law actually says. Here are the New Hampshire rules in plain words, each with its statute section and a link to the official text.
New Hampshire condominium associations under the Condominium Act (RSA 356-B) and homeowners associations, which run on their governing documents (plus RSA 292 if organized under it). New Hampshire sets no statutory violation, hearing or fine procedure: the steps come from your declaration, bylaws, rules and enforcement policy. Kindly Board walks a fair, documented process and shows the state rules that do apply (mostly condominium meeting rules). Where a step comes from your documents, it says so.
- Send notice of the board meeting (time, date, place, agenda) by: condominium boards (not small condominiums) give at least 10 days' notice of a board meeting with its agenda; 5 days if at least 70% of owners are full-time residents. Counted back from the meeting where the Board will hear or decide this case. HOAs: follow your bylaws.
Updated October 2026. Not legal advice.
Key New Hampshire deadlines at a glance
| Deadline | What the law says |
|---|---|
| Send notice of the board meeting (time, date, place, agenda) by | Condominium boards (not small condominiums) give at least 10 days' notice of a board meeting with its agenda; 5 days if at least 70% of owners are full-time residents. Counted back from the meeting where the Board will hear or decide this case. HOAs: follow your bylaws. RSA 356-B:37-c, II, III, VI |
Which New Hampshire law applies
New Hampshire has no general homeowners-association statute, and neither the Condominium Act (RSA 356-B) nor the voluntary-corporation law (RSA 292) grants a fining power or sets a notice period, cure period, hearing step or fine cap. The violation, hearing and fine steps come from your declaration, bylaws, rules and any enforcement policy.
RSA 356-B (whole chapter); RSA 292 (no violation procedure set)
RSA 356-B applies to condominiums; no condominium may be created under the older RSA 479-A on or after September 10, 1977, and property submitted to RSA 479-A before then generally stays under it. Where the declaration or bylaws conflict with RSA 356-B, the statute controls.
A New Hampshire HOA that is not a condominium runs on its governing documents plus, if it is organized under RSA 292, that chapter's voluntary-corporation rules (RSA 292:8-m).
The declarant, the board, every unit owner and the occupants must comply with the Act and the condominium instruments. Failure to do so is grounds for an action for sums due, damages or injunctive relief by the association, its board or managing agent, or by an aggrieved owner. The prevailing party recovers costs and attorneys' fees.
How New Hampshire counts days
New Hampshire's general rule: when a period is reckoned from a day or date, that day is excluded and the day on which the act should occur is included, except where a statute says otherwise. The statute moves a date to the next business day only for filing documents or paying fees under a statute on a Saturday, Sunday or legal holiday; it says nothing about periods set by your documents.
Condominium board meetings (not small condominiums): notice at least 10 days before the meeting (5 days if at least 70% of owners are full-time residents), stating the time, date, place and agenda, to board members and owners, unless the meeting is in a schedule given to owners or is an emergency. The board holds an open regular meeting at least once each quarter with owner comment; it may also meet in a meeting not open to owners if it is recorded and the recording is available to owners on request for up to 30 days.
Violation notices and the chance to fix in New Hampshire
New Hampshire law sets no cure period in days; your documents control. 10 to 30 days is common practice, not a legal rule.
For a condominium, notices required by the Act go to the mailing or email address the owner designates; if none, by hand delivery, U.S. mail postage paid, or a commercially reasonable delivery service to the unit's mailing address. For a violation notice follow your documents, and keep proof of the date and how it was sent.
Hearings in New Hampshire
New Hampshire law sets no separate path for a one-time violation. Follow your documents: notice and a chance to be heard before any fine is the fair course.
New Hampshire law sets no hearing right, hearing deadline or hearing-notice period for a violation; your bylaws and enforcement policy control. At least 10 days' notice of a hearing is common practice, not a New Hampshire rule.
Unclear: the Condominium Act does not say how a violation hearing fits the recorded closed-meeting option (§37-c, II) or the executive-session limits (§37-d); a violation hearing is not a listed executive-session topic. The safe course is to take the vote in an open meeting; ask a New Hampshire attorney about hearing the owner privately.
Fines in New Hampshire
New Hampshire law sets no fining power and no dollar cap on fines for condominiums or HOAs. A board may fine only if its declaration or bylaws give it that power; the amount and process come from those documents. 'Fines' appear in the Condominium Act only in §46, which leaves them out of the lien priority.
Assessments, late fees and liens in New Hampshire
A condominium association has a lien for unpaid assessments. Its six-month priority over the first mortgage covers regular monthly common assessments plus collection costs and reasonable attorney's fees, and excludes special assessments, late charges, fines, penalties and interest. Unclear: whether a fine can be collected through the §46 lien depends on your documents; the Act does not settle it. Talk to a New Hampshire attorney before any lien or lawsuit.
New Hampshire has no lien statute for HOAs that are not condominiums. Any lien or collection right comes from the recorded declaration; talk to a New Hampshire attorney before any lien or lawsuit.
Meetings and votes in New Hampshire
Executive session only during a regular or special board or committee meeting, with no final vote or action taken in it, and only for four purposes: consulting the attorney; litigation, mediation, arbitration or administrative proceedings; labor or personnel matters; and contracts, leases and other commercial transactions being negotiated. Not small condominiums. From January 1, 2027 the same limits apply to HOAs organized under RSA 292.
Records in New Hampshire
Condominium minutes are available to owners within 60 days of the meeting or 15 days after board approval, whichever is first, kept available at least 3 years; the board answers a written request for minutes within 15 days of receipt.
From January 1, 2027, HOAs organized under RSA 292 keep the listed records (including board or committee actions on design and architectural requests) and make them available for examination and copying on 15 days' notice in a record, during reasonable business hours or a mutually convenient time, with listed exceptions.
Other rules boards should know
New Hampshire law doesn't sort violations into types. Your documents decide whether an ongoing violation gets a period to fix it, and how long.
No owner may change the exterior appearance of the unit or any other portion of the condominium except to the extent and under the conditions the condominium instruments specify. Unless the instruments prohibit or limit it, the association may grant or withhold approval of any action that would change the exterior appearance, or elect or appoint an architectural control committee.
A small condominium (created without the possibility of conversion or expansion and limited to 25 or fewer residential units) is governed by §37, VII; §§37-c and 37-d don't apply to it.
Condominium boards and committees may meet by telephone, video or other conferencing only when the declaration or bylaws provide for it.
Step by step: a New Hampshire violation case
The order Kindly Board walks a New Hampshire board through, from the first look to the last letter.
- Check before you start Every case
Find the rule, and the steps your own documents require. - Courtesy reminder Optional
A friendly first note before any formal notice. - Formal notice of violation Before any fine (per your documents)
The rule, the facts, the fix-by date and how to be heard, in the form your documents require. - Hearing (if the owner asks, or your documents require one) Per your documents
A fair chance to be heard before the Board decides. - Board vote on the fine Before a fine
Only if your documents allow fines, at a proper board meeting. - Notice of fine After the vote
Amount, due date, how to pay, and the rule behind it. - Close the case Every case
Record how it ended and keep the file.
New Hampshire HOA rules: FAQ
What HOA law applies in New Hampshire?
New Hampshire condominium associations under the Condominium Act (RSA 356-B) and homeowners associations, which run on their governing documents (plus RSA 292 if organized under it). New Hampshire sets no statutory violation, hearing or fine procedure: the steps come from your declaration, bylaws, rules and enforcement policy. Kindly Board walks a fair, documented process and shows the state rules that do apply (mostly condominium meeting rules). Where a step comes from your documents, it says so. The main sources: Your documents, plus the Condominium Act (RSA 356-B) and RSA 292:8-m for HOAs organized under RSA 292.
How are days counted for New Hampshire HOA deadlines?
New Hampshire law sets no periods for the notice, fix-by and hearing steps, so Kindly Board uses the dates from your notice (your documents set them). The condominium board-meeting notice is counted in calendar days back from the meeting; if a date falls on a weekend or holiday, ask a New Hampshire attorney.
What are the key deadlines in a New Hampshire HOA violation case?
Send notice of the board meeting (time, date, place, agenda) by: condominium boards (not small condominiums) give at least 10 days' notice of a board meeting with its agenda; 5 days if at least 70% of owners are full-time residents. Counted back from the meeting where the Board will hear or decide this case. HOAs: follow your bylaws. (RSA 356-B:37-c, II, III, VI)
What does New Hampshire law say about HOA fines?
New Hampshire law sets no fining power and no dollar cap on fines for condominiums or HOAs. A board may fine only if its declaration or bylaws give it that power; the amount and process come from those documents. 'Fines' appear in the Condominium Act only in §46, which leaves them out of the lien priority. (RSA 356-B (whole chapter); RSA 292 (no fine rule set))
What does New Hampshire law say about violation hearings?
New Hampshire law sets no separate path for a one-time violation. Follow your documents: notice and a chance to be heard before any fine is the fair course. (RSA 356-B; RSA 292 (no violation types set))
Official text
- N.H. Rev. Stat. Ann. §292:8-m (official text)
- N.H. Rev. Stat. Ann. §356-B:15 (official text)
- N.H. Rev. Stat. Ann. §356-B:6-a (official text)
- N.H. Rev. Stat. Ann. §356-B:2 (official text)
- N.H. Rev. Stat. Ann. §356-B:46 (official text)
- N.H. Rev. Stat. Ann. §356-B:37-a (official text)
- N.H. Rev. Stat. Ann. §356-B:37-c (official text)
- N.H. Rev. Stat. Ann. §356-B:37-d (official text)
- N.H. Rev. Stat. Ann. §356-B:3 (official text)
- N.H. Rev. Stat. Ann. §356-B:37-b (official text)
- N.H. Rev. Stat. Ann. §356-B:37 (official text)
- N.H. Rev. Stat. Ann. §356-B:42 (official text)
- N.H. Rev. Stat. Ann. §356-B:30 (official text)
- N.H. Rev. Stat. Ann. §356-B:47-a (official text)
- N.H. Rev. Stat. Ann. §3-E:3 (official text)
- N.H. Rev. Stat. Ann. §21:35 (official text)