— Helpless in New Hampshire
To the extent that the association files a writ and obtains judgment from the Court, continued action may be taken on that judgment. Ultimately, pursuant to applicable provisions of R.S.A. 529, the association may conduct a Sheriff's Sale to foreclose upon the delinquent unit owner. It should be noted that there is a one-year right of redemption relative to a Sheriff’s Sale.
If the unit owner rents the unit, the association may pursue Attachment of Rents in accord with R.S.A. 356-B: 46-a. If the association is able to collect rent monies from a tenant, the same may be used to satisfy the delinquent unit owner’sfinancial obligations to the association.
Yet another option is presented by R.S.A. 356-B: 46 IX. Pursuant to this provision, an association may terminate common privileges and services of the delinquent unit owner/unit. Utilizing this powerful provision, an association could require a delinquent owner to pay his/her account current in order to gain access to the pool or clubhouse or to receive landscaping or other common services.
One fairly recent New Hampshire case upheld the association’s ability to terminate use of the unit’s driveway via placement of a “Jersey” barrier. An association’s termination of services often provides strong motivation for a unit owner to make arrangements regarding payment of the delinquent assessments.