New Hampshire Statewide Rule

New Hampshire Condominium & HOA Assessment Collection Rules

Some RestrictionsApplies statewide across New Hampshire (2026)

Key Facts

Condo statute: RSA 356-B:46 (Lien for Assessments)
Lien perfection: Record memorandum within 6 months of due date
First-mortgage priority: Limited 6-month super-priority for regular assessments
Lien limitation period: 6 years to bring suit
Non-condo HOA basis: Declaration + RSA 292

Last verified: August 21, 2026

Summary

New Hampshire condominium associations get a statutory assessment lien under RSA 356-B:46, including a limited 6-month priority over first mortgages. There is no comprehensive non-condo HOA statute, so planned-community HOAs collect dues through their recorded declaration plus the RSA 292 nonprofit law.

I. The board of directors, at least annually, shall adopt a proposed budget for the unit owners' association for consideration by the unit owners. Not later than 30 days after adoption of a proposed budget, the board of directors shall provide to all the unit owners a summary of the budget, including any reserves, and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the board shall set a date not less than 10 days or more than 60 days after providing the summary for a meeting of the unit owners to consider ratification of the budget. Unless at that meeting 2/3 of all unit owners or any larger number specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed budget is rejected, the budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget.

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Full Breakdown

Under the NH Condominium Act, RSA 356-B:46 gives the unit owners' association a lien for unpaid assessments that, once perfected, is "prior to all other liens and encumbrances" except real estate tax liens, liens recorded before the declaration, and first mortgages or deeds of trust. To perfect, the association must record a verified memorandum in the registry of deeds "before the expiration of 6 months from the time such assessment became due and payable." Regular monthly common-expense assessments unpaid in the 6 months before filing can take limited priority over a first mortgage. The lien is foreclosable, and no suit may be brought more than 6 years after the memorandum was recorded. Non-condo HOAs rely on the recorded declaration and RSA 292.

Violations & Penalties

Unpaid condo assessments become a foreclosable lien; judgments may include costs, attorneys' fees, and interest at the maximum lawful rate (RSA 356-B:46). Non-condo HOA remedies are limited to whatever the recorded declaration provides.

Frequently Asked Questions

Can a New Hampshire condo association foreclose on my unit for unpaid dues?

Yes. RSA 356-B:46 gives the association a lien for unpaid assessments that can be foreclosed, but it must first record a verified memorandum in the registry of deeds within 6 months of the assessment becoming due.

Does the condo lien beat my mortgage in New Hampshire?

Generally a first mortgage stays senior, but RSA 356-B:46 gives regular monthly common-expense assessments unpaid in the 6 months before filing a limited priority over the first mortgage if proper notice is given.

What law governs assessments in a non-condo New Hampshire HOA?

New Hampshire has no comprehensive non-condo HOA assessment statute. Collection rights come from the recorded declaration/CC&Rs and the Voluntary Corporations law, RSA 292.

Sources

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