New Hampshire Statewide Rule

New Hampshire HOA & Condo Fine Authority

Some RestrictionsApplies statewide across New Hampshire (2026)

Key Facts

Fine cap: No statutory dollar cap
Condo rule-making: Bylaws under RSA 356-B:35
Enforcement remedy: RSA 356-B:15 (suit, damages, injunction)
Attorneys' fees: Prevailing party recovers costs and fees
Non-condo HOA: Fine power from declaration only

Last verified: August 21, 2026

Summary

New Hampshire's Condominium Act does not set a fine cap. A condo association's enforcement and rule-making powers flow from its bylaws under RSA 356-B:35, and violations are enforced under RSA 356-B:15. Non-condo HOAs draw any fine power solely from their recorded declaration.

The lien shall not include any amounts attributable to special assessments, late charges, fines, penalties, or interest assessed by the unit owners' association, nor shall the lien apply to regular assessments or costs of collection coming due prior to the effective date of this section.

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Full Breakdown

The NH Condominium Act contains no statutory dollar cap on fines. RSA 356-B:35 requires the bylaws to set the board's "powers and responsibilities" and permits bylaws to address "any other necessary or appropriate matters, including matters that may be adopted as rules." Enforcement of the declaration, bylaws, and rules runs through RSA 356-B:15, which lets the association or a unit owner sue "to recover sums due, for damages, [or] for injunctive relief," with the prevailing party entitled to costs and attorneys' fees. Because no statute caps amounts, any fine power and its limits come from the condominium instruments, and courts expect fair notice and procedure. Non-condo HOAs have no general fining statute, fine authority exists only if the recorded declaration grants it, governed otherwise by RSA 292.

Violations & Penalties

No specific statutory penalty cap exists; fines and enforcement come from the bylaws/declaration. Unpaid charges may be enforced under RSA 356-B:15, with the prevailing party awarded costs and attorneys' fees.

Frequently Asked Questions

Is there a maximum HOA fine in New Hampshire?

No. Neither the Condominium Act nor the nonprofit law sets a dollar cap. A condo association's fine authority comes from its bylaws (RSA 356-B:35); a non-condo HOA's comes only from its recorded declaration.

Can a New Hampshire condo association enforce its rules against me?

Yes. RSA 356-B:15 requires every unit owner to comply with the condominium instruments and lets the association sue for damages or injunctive relief, with the prevailing party recovering costs and attorneys' fees.

Does a non-condo New Hampshire HOA need a statute to fine me?

There is no New Hampshire HOA fining statute. The association can only fine you if its recorded declaration or bylaws grant that power; otherwise its remedies are contractual under RSA 292.

Sources

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