While most Realtors are familiar with the New Hampshire Condominium Act (RSA 356-B), there has never been a comprehensive, corresponding statute governing Homeowners’ Associations (HOAs) in New Hampshire. House Bill 1523 takes a step in that direction.
The bill — along with its underlying amendment — borrows key transparency and governance provisions from the Condominium Act and applies them to HOAs. Under the proposal, HOAs would be required to:
- Provide detailed meeting minutes upon request
- Disclose receipts and expenditures made by the board
- Implement conflict-of-interest requirements for board members
- Comply with additional governance standards currently required of condominium associations
The Senate is expected to debate the bill in the coming weeks.
Condo Developments Under 20 Units Get Fast-Track Treatment
Under RSA 356-B, the Attorney General’s Office exercises oversight over condominium developments — except those with fewer than 10 units. Senate Bill 415, as amended, would raise that threshold to 20 units.
Supporters argue that increasing the exemption threshold would help level the playing field for smaller developers, reduce regulatory friction, and increase housing production. Importantly, the amended bill does not eliminate consumer protections.
The Senate Commerce Committee unanimously supported the amended bill, and it is expected to pass the full Senate this week. The House will likely consider the measure next month.
Will “Hardship” Get a Makeover in Variance Law?
Currently, for a Zoning Board of Adjustment (ZBA) to grant a variance, it must apply five state-mandated criteria — including the requirement that literal enforcement of the ordinance would result in “unnecessary hardship.” Senate Bill 435 attempts to address what many practitioners view as the most problematic and litigation-inducing criterion.
NHAR testified in favor of the bill. However, rather than eliminating the hardship standard entirely, the Senate Municipal Affairs Committee amendment replaces “unnecessary hardship” with an “unreasonable restriction” test, intended to make a variance easier to obtain.
This represents a significant conceptual shift. However, the new standard is untested, and how it might be interpreted by ZBA’s and the courts are unclear. The House of Representatives is expected to take up the bill next month.
Multi-Family in Commercial Zones May Face New Obstacles
In 2025, the Legislature passed — and the Governor signed — House Bill 631 into law. The statute requires municipalities to allow multi-family residential development on commercially zoned land, provided adequate infrastructure (roads, water, sewage) exists or is provided.
The intent was straightforward: increase housing supply, promote development near workplaces, reduce infrastructure strain and create walkability between where people work and live, something businesses are demanding.
The law does not take effect until July 2026 — yet repeal and modification efforts are already underway. House Bill 1010 originally sought full repeal. However, the House Housing Committee rejected a complete repeal but has adopted an amendment allowing municipalities to restrict residential development for reasons such as “Dust,” “Glare,” “Vibration,” and allowing for still-undefined “water supply studies.” The “water supply study” requirement is particularly notable, as similar proposals — including House Bill 1120, which NHAR opposed — have been repeatedly rejected by the Legislature.
At a minimum, the amendment would make multi-family development in commercial zones significantly more challenging. The Senate is expected to consider the bill next month.
Quote of the Week
“Increasing housing opportunities is the state’s highest priority, as it is in Keene.”
— Jay Kahn, Mayor of Keene (Keene Sentinel, Feb. 11, 2026)
Mayor Kahn was discussing legislative repeal efforts targeting the state’s Housing Champions program. According to the New Hampshire Department of Business and Economic Affairs, the Housing Champions infrastructure investments supported capacity for 2,280 housing units, while the production grants resulted in 373 completed workforce housing units.
Despite those results, the New Hampshire House of Representatives voted earlier this month to repeal the program.
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For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.