New Hampshire Condominium Act: A 2026 guide

What is the New Hampshire Condominium Act?

The NH Condominium Act is New Hampshire’s main condominium law, found in RSA Chapter 356-B. It governs how condominiums are created, sold, registered, managed, insured, maintained, and operated.
 

Key provisions

• Condominium bylaws: Bylaws must be recorded with the declaration and must provide for self-government by the unit owners’ association, board elections, board powers, officer roles, amendments, meetings, voting, and quorum requirements (RSA 356-B:35).
   
• Annual meetings: Unit owners’ association meetings must be held at least once each year after formation, with required notice and an opportunity for owners to comment on association matters (RSA 356-B:37).
   
• Board meetings: Except in small condominiums governed by RSA 356-B:37 VII, boards must hold open regular meetings at least once each quarter, with notice to unit owners unless the meeting is already on a schedule given to unit owners or involves an emergency (RSA 356-B:37-c).
   
• Executive sessions: Except in small condominiums governed by RSA 356-B:37 VII, boards and committees may use executive session only for the limited purposes listed in the statute. No final vote or action may be taken in executive session (RSA 356-B:37-d).
   
• Meeting minutes: Boards must make meeting minutes available to unit owners within 60 days of the meeting or 15 days after board approval, whichever comes first (RSA 356-B:37; RSA 356-B:37-e).
   
• Financial information: A profit and loss statement must be available to unit owners 30 days before the annual meeting, and owners have access to certain financial information within 15 days of request (RSA 356-B:37-e).
   
• Budgets and special assessments: Boards must adopt a proposed budget at least annually, send a summary to unit owners, and set a unit owner meeting for budget ratification within the statutory window (RSA 356-B:40-c).
   
• Maintenance responsibility: Unless the condominium instruments say otherwise, the association is responsible for common areas, while individual unit owners are responsible for their units or parts of their units (RSA 356-B:41).
   
• Insurance: Condominium instruments must require the association, board, or managing agent to obtain master casualty and liability insurance, plus any other policies required by the condominium instruments (RSA 356-B:43).
   
• Assessment liens: Associations may have a lien on units for unpaid assessments if perfected as required, and the statute includes timing, priority, statement, and enforcement rules (RSA 356-B:46).
   
• Resale disclosures: On resale by someone other than the declarant, prospective buyers have the right to obtain association statements and documents, including monthly and annual fees, special assessments made within the last 3 years, reserves, insurance, pending suits or judgments where the association is a party defendant, financial statements, rules, declaration, and bylaws (RSA 356-B:58).

Compliance tips

1. Keep governing documents easy to access

   Boards should keep the declaration, bylaws, rules, policies, insurance information, budgets, meeting minutes, and resale documents organized and accessible. Owners are more likely to follow rules and trust board decisions when the association can quickly explain where the requirement comes from.
    

2. Build an annual meeting calendar

   A compliance calendar helps boards track annual meetings, quarterly board meetings where required, budget ratification, financial disclosures, minute availability, insurance updates, and owner notice deadlines.
   
   The NH Condominium Act includes several timing requirements, so relying on memory can create risk. A clear calendar also makes transitions easier when board members, property managers, or vendors change.
    

3. Prepare budget materials early

   Budget season should start well before the owner meeting. Boards need time to review operating costs, insurance, vendor contracts, maintenance needs, reserve funding, and possible special assessments. The budget summary should be clear enough for owners to understand why costs are changing. Early preparation can reduce last-minute questions and help the ratification process run more smoothly.
    

4. Keep minutes practical and timely

   Minutes should document decisions, votes, meeting dates, and key association business without becoming a transcript. The NH Condominium Act includes deadlines for making minutes available, so boards should approve and distribute them consistently. Practical, timely minutes help future boards understand what happened and help owners see that decisions were made through the proper process.
    

5. Separate maintenance duties clearly

   Many condo disputes start with confusion about who maintains what. Boards should create simple owner-facing guidance that explains association responsibility, unit owner responsibility, limited common areas, emergency access, and maintenance request procedures. This guidance should align with the condominium instruments and the NH Condominium Act, especially when repairs involve both a unit and common areas.
    

6. Get help before collection issues escalate

   Assessment collection can quickly become technical because liens, lender notices, resale statements, and enforcement timelines may apply. Boards should follow a written collection policy and involve qualified counsel before recording liens or pursuing enforcement. Owners should also request account statements early if they believe a balance is wrong or do not understand the charges.

Other laws NH condo boards should know

• New Hampshire Voluntary Corporations and Associations Act: If a condominium association is incorporated under RSA Chapter 292, corporate governance requirements may apply alongside the NH Condominium Act.
   
• Federal Fair Housing Act and New Hampshire Law Against Discrimination: Boards should follow applicable fair housing requirements under the federal Fair Housing Act and RSA Chapter 354-A when handling rules, accommodations, modifications, enforcement, parking, and disability-related requests.
   
• New Hampshire State Building Code and state/local fire codes: Condominiums must also comply with applicable building, fire, zoning, health, and safety requirements, including the New Hampshire State Building Code under RSA Chapter 155-A and applicable municipal codes.

About FirstService Residential

FirstService Residential supports New Hampshire condominium associations with local expertise backed by national resources. Our teams help boards stay organized with meeting support, recordkeeping, financial management, vendor coordination, budget preparation, resident communication, maintenance planning, and 24/7 customer care.

The NH Condominium Act can feel complex, but the right systems make compliance easier. We help boards organize documents, track deadlines, communicate clearly with owners, and work with association counsel when governance questions arise.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.