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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
New Hampshire has no standalone planned-community statute, so for a non-condominium HOA the recorded declaration/CC&Rs and bylaws generally set the amendment threshold and voting method, supplemented by the voluntary-corporation rules in RSA ch. 292. A 2024 provision can require a 2/3 vote to change bylaws, budgets, or management when one person controls more than half the votes, and it bars dissolving a planning-board-approved HOA without a hearing (RSA 292:8-m). Amendments generally take effect only once recorded at the county registry of deeds, so we confirm what your documents require before quoting.
Condominiums (RSA 356-B)
Condominium declaration amendments generally need the agreement of owners holding 2/3 of the votes in the association, or a larger majority if your instruments require one (RSA 356-B:34, II). Certain changes — a unit's boundaries, its undivided interest in the common areas, its share of common-expense liability, or its number of votes — generally cannot be made by an ordinary amendment (RSA 356-B:34, V), and an amendment becomes effective only when it is recorded (RSA 356-B:34, IV). We confirm which path applies so your timeline is realistic.
How the vote can run
The Condominium Act expressly allows votes to be cast in person or by signed proxy at a properly noticed meeting (RSA 356-B:39), with notice that must include the complete text of every voting article and limits on how large a share of votes one proxy-holder may carry. It does not squarely address email or electronic ballots, so whether you can run an online or mailed ballot generally depends on your declaration and bylaws (and, for HOAs, RSA ch. 292). We match the method, notice, and reminders to what your documents and New Hampshire law appear to allow.
Before we quote
New Hampshire details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful New Hampshire vote has to answer.
Condominium vs. non-condominium HOA — different rules: RSA 356-B for condos, recorded covenants plus RSA ch. 292 for planned communities
Condominium baseline is generally 2/3 of the association's votes to amend, unless your instruments set a higher bar (RSA 356-B:34, II)
For non-condominium HOAs, New Hampshire sets no statutory threshold, so your recorded declaration controls the percentage
Whether the change touches a protected item — unit boundaries, undivided interest, common-expense share, or votes — that an ordinary amendment generally cannot alter (RSA 356-B:34, V)
Approval math: a percentage of all votes in the association versus votes actually cast at a noticed meeting
Whether your documents allow proxy, mailed, or electronic ballots, since the Condo Act expressly addresses only in-person and proxy voting (RSA 356-B:39)
Notice that includes the complete text of every voting article, plus the proxy limits one holder can carry (RSA 356-B:39)
Recording the amendment at the county registry of deeds to make it effective (RSA 356-B:34, IV), plus any lender-consent step your declaration requires (RSA 356-B:34, II-a)
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