Home / State laws / New Hampshire
New Hampshire HOA and condo electronic voting law
Can a homeowners or condominium association in New Hampshire hold its vote online? Here is what state law says and what it means for your board.
Yes. State law expressly allows electronic voting
Status: Express (condos, no-meeting votes). Main law: RSA 356-B:39-a.
Reviewed September 16, 2026. A summary of state law, not legal advice. Each association, and any management company acting for it, is responsible for confirming with its own attorney that a vote complies with state and local law and its governing documents. See our Terms of Service.
The rules at a glance
| Legal status | Allowed by statute (Express (condos, no-meeting votes)) |
|---|---|
| Main statute | RSA 356-B:39-a |
| How electronic voting gets authorized | Electronic ballot for votes without a meeting unless documents prohibit |
| Secret ballot and counting | Tally sheet, recount on request |
| Paper ballot option | Not required |
| Ballot retention | Proxies 3 years |
A state statute speaks to electronic voting for community associations. Read how it gets authorized below: some statutes let the board decide, some require each owner to consent, and some let governing documents opt out.
Which New Hampshire rules apply to your association
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Homeowner associations | No clear authority RSA 356-B:39-a | 1 step the board confirms before a binding vote, plus an attorney sign-off letter |
| Condominium associations | Allowed by statute RSA 356-B:39-a | 1 step the board confirms before a binding vote |
What New Hampshire law requires, and what VoteStead does
The board adopted a resolution or rule authorizing electronic voting. RSA 356-B:39-a
VoteStead: The board confirms the resolution on the launch checklist before a binding vote opens. Keep the resolution with the association records.
No statute clearly authorizes electronic voting here. The New Hampshire electronic ballot statute covers condominiums. No clear provision was found for homeowner associations. RSA 356-B:39-a
VoteStead: A binding vote needs a sign-off letter from the association's attorney confirming authority. The launch checklist will not let voting open without it. Test elections run without it.
The association's declaration, bylaws and articles do not prohibit electronic voting. RSA 356-B:39-a
VoteStead: The board confirms this on the launch checklist before a binding vote opens. The confirmation, with who made it, goes into the audit log.
Ballot records
New Hampshire rule: Proxies 3 years.
VoteStead keeps the certified result and the audit log, and deletes sealed ballots and voting credentials 1 year after voting closes by default. Ask for a longer hold and we keep them longer. Where your state sets a longer records period, that period applies to the records your association keeps, and the certified result and audit log are what you file.
Before your first online vote in New Hampshire
- The board adopted a resolution or rule authorizing electronic voting
- No statute clearly authorizes electronic voting here. The New Hampshire electronic ballot statute covers condominiums. No clear provision was found for homeowner associations
- The association's declaration, bylaws and articles do not prohibit electronic voting
- Collect owner emails and mobile numbers, and mailing addresses for everyone else
- Choose 3 key holders who are not candidates, not board members up for election and not the managing agent
Built from VoteStead's New Hampshire rule pack. A summary, not legal advice. Your association and its attorney confirm what applies to your community.
Running a New Hampshire vote with VoteStead
Available now
VoteStead runs New Hampshire elections with a rule pack that apply the state's consent, secret ballot and records rules. VoteStead's counsel reviewed it. The launch checklist blocks voting until the board confirms the required steps.
Features New Hampshire law turns off or changes
- Homeowner associations: Attorney letter before a binding vote. New Hampshire law does not clearly authorize electronic voting for homeowner associations, so the association's attorney confirms authority in a sign-off letter. Test elections run without it.
Your responsibility for New Hampshire law
Your association, and any management company acting for it, is responsible for confirming that each vote complies with New Hampshire law, county and city rules, and your governing documents. This page and the New Hampshire rule pack summarize state law as of the reviewed date and do not cover local rules or your own documents. Have your attorney confirm your authority and your notice, quorum and counting rules before a binding vote. VoteStead is not responsible for a vote found invalid because of those determinations. See our Terms of Service.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- A live turnout board, quorum proxies and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
New Hampshire questions
Can an HOA or condo association in New Hampshire vote online?
Yes. State law expressly allows electronic voting (Express (condos, no-meeting votes)). How it gets authorized: Electronic ballot for votes without a meeting unless documents prohibit. Main law: RSA 356-B:39-a. Reviewed September 16, 2026. This is a summary, not legal advice.
What are the New Hampshire secret ballot and vote counting rules?
New Hampshire rule on secrecy and counting: Tally sheet, recount on request. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in New Hampshire keep a paper ballot option?
New Hampshire rule: Not required. VoteStead prints paper ballot packets with a secret ballot envelope, logs each returned envelope and counts paper ballots with the online ones.
How long must a New Hampshire association keep ballots?
New Hampshire retention rule: Proxies 3 years. VoteStead keeps sealed ballots for 1 year after voting closes by default, and a legal hold keeps them longer.
Is VoteStead available for New Hampshire associations?
Yes. VoteStead runs New Hampshire elections with a rule pack for the state's community association law, reviewed by VoteStead's counsel. Features the state does not allow are turned off. Your association, and any management company acting for it, remains responsible for confirming each vote complies with New Hampshire and local law and its governing documents.