Homeowners’ associations in New Hampshire are not governed by any specific regulations. There are Condominium Rules and a Condominium Act but neither apply directly to HOAs. All community associations must be registered as corporations, most choose to file as Voluntary Corporations, and are therefore subject to Chapter 292 of the New Hampshire Statutes regarding Voluntary Corporations and Associations.
Since there are no formal government acts regarding the management of HOAs, rules can vary drastically between communities. HOAs have the freedom to create and enforce as many or as few regulations as they desire as long as no state or federal laws are violated. Typically, homeowners will sign a contract to join the homeowners’ association upon purchase of property within a common interest community. After that, they are legally bound to follow all regulations set forth by the association.
Homeowners Association’s Rights and Responsibilities
The primary purpose of an HOA is to provide maintenance on common elements of the community. To raise funds for the cost of maintenance, the association may charge assessments to the homeowners. Assessments and dues will vary between communities.
If an account becomes delinquent, the HOA can place liens on the property and, in extreme cases, may foreclose on the property despite on-time mortgage payments. More powers may exist in the community Declaration of Covenants, Conditions, and Restrictions (CC&R). The Declaration along with the Articles of Agreement must be filed with the Secretary of State to apply for corporation status.
According to New Hampshire law, homeowners are not guaranteed the right to vote. Voting rights must be described by community articles or bylaws. Board members are allowed one vote each.
Amendments to the declaration or bylaws require a 2/3 vote from all eligible parties unless otherwise specified in the bylaws. Any changes to community documents can be discussed and voted upon in community meetings.
Common interest communities can be dissolved with a 2/3 vote. If 2/3 cannot be reached, a petition can be signed by members consisting of 1/4 of the voting power and sent to the probate court. After that, a hearing will take place where both sides can make their arguments and a decision regarding dissolution will be made.
Community Association Law in NH
HOA rules in New Hampshire vary widely. It is important to read and understand all community regulations before purchasing property in an HOA-managed community. Most homeowners’ associations require the signing of a contract upon purchase.
To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at firstname.lastname@example.org.