HOA LAWS AND REGULATIONS
Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of New Hampshire.
New Hampshire Unit Ownership of Real Property Act, RSA chapter 479-A applies condominiums created before September 10, 1977. However, condominiums created under this Act are also subject to certain sections of the New Hampshire Unit Ownership of Real Property Act. See RSA 356-B:2.
New Hampshire Condominium Act, RSA chapter 356-B governs the formation, management, powers, and operation of all condominiums and condominium projects created after September 10, 1977. This Act replaced the New Hampshire Unit Ownership of Real Property Act. See also Condominium Rules.
New Hampshire Voluntary Corporations And Associations Act, RSA chapter 292. The Act governs non-profits with regard to corporate structure and procedure. If an association is organized as a non-profit, as is the case with most New Hampshire associations, it will be governed by the Voluntary Corporations and Associations Act. Hobson v. Hilltop Place Comm. Assoc, 122 N.H. 1023, 453 A.2d 841 (N.H. 1982).
New Hampshire Law Against Discrimination, RSA Chapter 354-A. The law protects people from housing discrimination based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin, or sexual orientation. The protections provided under the state are similar to the protections under the federal Fair Housing Act. The New Hampshire Commission for Human Rights administers the state law.
Recommended Reading:
New Hampshire Service Animals And Search And Rescue Dogs, N.H. RSA Chapter 167-D. The law prohibits discrimination against persons with disabilities in public accommodations like the Americans with Disability Act (“ADA”), so its application is usually limited to publicly-accessible commons areas in the community.
Under New Hampshire's law, specially trained dogs belonging to a disabled person must be permitted into any common area in which the owner is permitted. Extra charges for a service animal are not permitted, but the owner is liable for any damage done to the premises or another person. The law is enforced by the New Hampshire Commission for Human Rights.
New Hampshire's Unfair, Deceptive, or Unreasonable Collection Practices Act, N.H. RSA Chapter 358-C. The statute provides a non-exhaustive list of prohibited acts and practices by debt collectors in New Hampshire, providing similar protections to the Federal Fair Debt Collection Practices Act (FDCPA). A critical difference between the two laws is that the state Act applies directly to creditors—rather than just to third-party debt collectors like the FDCPA. Victims of unfair collection practices can file a complaint with the New Hampshire Consumer Protection and Antitrust Bureau, the F.T.C., or the CFPB.
GOVERNMENT AGENCIES
Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
New Hampshire Government Portal - Search for government information by topic and agency.
New Hampshire Attorney General - The office of the attorney general plays an important role in protecting the state's citizens.
U.S. Department of Housing and Urban Development - New Hampshire
HOA CONTACT INFORMATION AND DOCUMENTS
HOA Directory - The New Hampshire Department of State gives the public the ability to search for corporation information, including an association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation. To locate relevant HOA information, enter the legal same of the subdivision or community.
HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.
LEGAL RESOURCES
New Hampshire Legislature - Search your state representative and the legislation (or, "statutory law") database.
New Hampshire State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
New Hampshire Judicial Branch - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
New Hampshire Legal Aid - The office helps low-income individuals solve legal problems.