HOA Liens and Foreclosure in New Hampshire
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in New Hampshire, and the limits.
Short answer: For condominiums, the unit owners' association has a lien for unpaid assessments once it records a sworn memorandum of lien within 6 months after the assessment was due. N.H. Rev. Stat. Ann. § 356-B:46
| HOA liens and foreclosure | For condominiums, the unit owners' association has a lien for unpaid assessments once it records a sworn memorandum of lien within 6 months after the assessment was due. The lien is ahead of other liens except real estate taxes, liens recorded before the declaration, and first mortgages held by institutional lenders, but up to 6 months of regular monthly assessments (plus collection costs, including reasonable attorney's fees) can have priority over the first mortgage if the association gives the required notices. A suit to enforce the lien must be brought within 6 years after the memorandum is recorded. After 30 days' written notice, an association may also cut off a delinquent unit's common privileges and association-paid services until assessments are paid. The section refers to suits to enforce the lien but does not spell out a foreclosure-by-sale procedure; associations that are not condominiums depend on their recorded documents. Source: N.H. Rev. Stat. Ann. § 356-B:46 |
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More New Hampshire foreclosure & homeowner law
- How Foreclosure Works in New Hampshire
- Redemption and Deficiency Judgments in New Hampshire
- Getting Your Home Back After a Tax Sale in New Hampshire
- All New Hampshire foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in New Hampshire?
For condominiums, the unit owners' association has a lien for unpaid assessments once it records a sworn memorandum of lien within 6 months after the assessment was due. The lien is ahead of other liens except real estate taxes, liens recorded before the declaration, and first mortgages held by institutional lenders, but up to 6 months of regular monthly assessments (plus collection costs, including reasonable attorney's fees) can have priority over the first mortgage if the association gives the required notices. A suit to enforce the lien must be brought within 6 years after the memorandum is recorded. After 30 days' written notice, an association may also cut off a delinquent unit's common privileges and association-paid services until assessments are paid.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.