New Hampshire Condominium & HOA Assessment Collection Rules

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.

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.