New Hampshire
New Hampshire HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
A resale package is the document a title company asks for before a New Hampshire closing. New Hampshire associations must deliver it within 10 days. New Hampshire puts no dollar cap on the fee.
Free for the resale platform. No contract to sign.
New Hampshire Resale Package
Example Harbor Owners Association
Regular assessment
$185.00 monthly
Reserve balance
$124,200.00
Master insurance
Certificate on file
Due to the requester
Within 10 days
New Hampshire at a glance
- What New Hampshire calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- 10 days
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale certificate, condo resale certificate. If you were told to get a New Hampshire resale certificate, or an NH resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each New Hampshire act sets
New Hampshire has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
RSA 356-B:58
Condominium Act. Applies to condominiums.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
RSA 356-A:9-b
Land Sales Full Disclosure Act. Applies to HOAs and planned communities.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
New Hampshire HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
RSA 356-B (Condominium Act)
The Condominium Act governs the creation, governance, and operation of condominiums in New Hampshire, applying to condominium projects submitted under the chapter since 1977, when it superseded the state's earlier unit ownership law. It covers the recording and content of condominium instruments, the unit owners' association and its board, assessments and liens, and disclosures owed to purchasers, including on resale.
RSA 356-B:58 (Resale by Purchaser)
On any resale of a condominium unit by someone other than the declarant, the prospective unit owner may obtain from the association, before the contract date, the 356-B:46 statement of unpaid assessments and, where applicable, the 356-B:47 waiver statement; the capital and major maintenance expenditures anticipated within the current or next two fiscal years; the status and amount of the reserve fund and any earmarks; the income statement and balance sheet for the last available fiscal year; pending suits and judgments in which the association is a defendant; the insurance the association provides and what an owner would normally carry; a statement that the prior owner's alterations are not known to violate the condominium instruments; a copy of the declaration, bylaws, and rules; and the monthly and annual fees with any special assessments in the last three years. The principal officer furnishes the statements within 10 days of the prospective owner's written request. No fee for the package and no cancellation right are stated.
RSA 356-B:46 (Lien for Assessments)
Creates the association's lien on a unit for unpaid assessments and sets out how it is perfected, recorded, and enforced. Paragraph VIII entitles a unit owner or a contract purchaser, on written request to the principal officer, to a recordable statement of the unpaid assessments currently levied against the unit, binding on the association, the board, and every owner; failing to furnish or make it available within 10 business days extinguishes the lien on that unit, and a fee of up to $10 may be required only if the condominium instruments so provide.
RSA 356-A (Land Sales Full Disclosure Act)
The Land Sales Full Disclosure Act regulates the marketing and sale of subdivided land, including planned communities and homeowners association developments, but excludes condominiums. It requires developers of covered subdivisions to register with the state and give purchasers a public offering statement, and it gives resale purchasers a right to disclosures from the property owners' association.
RSA 356-A:9-b (Resale by Purchaser)
On any resale of a lot, parcel, unit, or interest in subdivided lands by someone other than the subdivider, the prospective purchaser may obtain from the property owners' association, before the contract date, the capital and major maintenance expenditures anticipated within the current or next two fiscal years; the status and amount of the reserve fund and any earmarks; the income statement and balance sheet for the last available fiscal year; pending suits and judgments in which the association is a defendant; the insurance the association provides and what an owner would normally carry; and a statement that the prior owner's alterations are not known to violate the covenants. The principal officer furnishes the statements within 10 days of the prospective purchaser's written request. No fee and no cancellation right are stated.
RSA 356-B:47 (Restraints on Alienation)
Any right of first refusal or other restraint on the free alienability of condominium units is void unless the condominium instruments provide for promptly furnishing a unit owner or purchaser, on request, a recordable statement certifying any waiver of, or failure or refusal to exercise, the right; failing to furnish it promptly makes the restraint inapplicable to the disposition in question. The statement binds the association, the board, and every unit owner, and a fee of up to $25 may be required if the instruments so provide. Resale packages under 356-B:58 include this statement where it applies.
The notice Havn prints on every New Hampshire resale package
Every New Hampshire document Havn prepares carries a notice that tells the reader where the document comes from and what New Hampshire law says about it. This is the wording, act by act.
RSA 356-B:58Condominiums
This resale package is furnished under RSA 356-B:58, which gives a prospective unit owner, on any resale of a condominium unit by a person other than the declarant, the right to obtain from the unit owners' association before the contract date: statements pursuant to RSA 356-B:46, VIII and, if applicable, RSA 356-B:47; a statement of any capital expenditures and major maintenance expenditures anticipated within the current or succeeding two fiscal years; the status and amount of any reserve for major maintenance or replacement and any portion earmarked for a specified project; the income statement and balance sheet for the last fiscal year available; the status of any pending suits or judgments in which the association is a party defendant; the insurance coverage provided for all unit owners and the additional coverage each unit owner would normally secure; a statement that improvements or alterations made to the unit or its limited common areas by the prior unit owner are not known to be in violation of the condominium instruments; a copy of the declaration, bylaws, and formal rules; and the monthly and annual fees and any special assessments made within the last three years. The principal officer furnishes these statements within ten days of receipt of the prospective unit owner's written request. The statement of unpaid assessments in this package is the recordable statement RSA 356-B:46, VIII makes available on written request to a unit owner, or to a purchaser who has executed a contract for the unit; it is binding on the association, the board of directors, and every unit owner, and if the association fails to furnish it or make it available within ten business days of receiving the request, the association's lien for unpaid assessments on that unit is extinguished. Where the condominium instruments create a right of first refusal or other restraint on alienation, RSA 356-B:47 makes that right or restraint void unless the instruments provide for promptly furnishing, on request by a unit owner or purchaser, a recordable statement certifying any waiver of, or failure or refusal to exercise, it; if such a statement is requested and is not furnished promptly in accordance with the instruments, the right or restraint does not apply to this sale. New Hampshire law does not give the purchaser a right to cancel the purchase contract based on this package, and it does not set an expiration date for it. The information in this package is current as of its issue date.
RSA 356-A:9-bHOAs and planned communities
This resale package is furnished under RSA 356-A:9-b, which gives a prospective purchaser, on any resale of a lot, parcel, unit, or interest in subdivided lands by a person other than the subdivider, the right to obtain from the property owners' association before the contract date: a statement of any capital expenditures and major maintenance expenditures anticipated within the current or succeeding two fiscal years; the status and amount of any reserve for major maintenance or replacement and any portion earmarked for a specified project; the income statement and balance sheet for the last fiscal year available; the status of any pending suits or judgments in which the association is a party defendant; the insurance coverage provided for all property owners and the additional coverage each property owner would normally secure; and a statement that improvements or alterations made by the prior owner are not known to be in violation of the restrictions and covenants. The principal officer furnishes these statements within ten days of receipt of the prospective purchaser's written request. Account balances and fee amounts are provided as a courtesy from the association's books and records. RSA 356-A does not require a binding statement of unpaid assessments for these communities, it does not give the purchaser a right to cancel the purchase contract based on this package, and it does not set an expiration date for it. The information in this package is current as of its issue date.
New Hampshire resale package: common questions
What is a New Hampshire resale package?
It is what New Hampshire law has the association provide when a home in condominiums and HOAs and planned communities is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under RSA 356-B:58 and RSA 356-A:9-b.
How much does a New Hampshire resale package cost?
New Hampshire sets no dollar cap, so the association or its management company sets the fee.
How long does a New Hampshire association have to provide a resale package?
10 days, counted from the request.
Is a resale package required in New Hampshire?
Yes, for condominiums and HOAs and planned communities, under RSA 356-B:58 and RSA 356-A:9-b.
Can a buyer cancel after receiving a New Hampshire resale package?
New Hampshire law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in New Hampshire?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a New Hampshire resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. The full list is in RSA 356-B:58.
How do I get a resale package in New Hampshire?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a New Hampshire association has 10 days. A buyer should ask the seller or the closing agent to order it.
Is this the same as a New Hampshire sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How New Hampshire compares with its neighbors
Management companies that work across state lines meet a different rule on each side. New Hampshire: no fixed dollar cap, 10 days.
Massachusetts
6D Certificate
No fixed dollar cap
No statutory deadline
Not required by statute
Maine
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Vermont
Resale Certificate
No fixed dollar cap
10 days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next New Hampshire resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.