Can Condo Common Space Be Sold in New Hampshire?

No. In New Hampshire, condominium common areas cannot be sold or transferred separately from the units.

Legal Basis

Under RSA 356-B (New Hampshire Condominium Act):

• Common areas = "all portions of the condominium other than the units"—hallways, lobbies, elevators, stairways, roofs, exteriors, land, amenities, mechanical systems.
• Undivided interest: Each unit owner holds an undivided fractional interest in the common areas, appurtenant to their unit.
• Inseparability: The statute and virtually all declarations prohibit conveying common interest apart from the unit. Any attempt is void.

Why?

• Common areas are essential for unit use and enjoyment (access, utilities, structural support, light/air).
• Sale would diminish value of all units and undermine the condominium form of ownership.
• Creditors, tax authorities, and bankruptcy courts treat common interest as attached to the unit.

What Can Happen

• Easements/licenses: Association may grant limited use rights (e.g., rooftop antenna, patio expansion) via vote (usually 67–75%).
• Boundary adjustments: Unit boundaries can shift (e.g., absorbing limited common element) with owner consent and amendment.
• Termination of condominium: Entire property sold (100% or supermajority vote), proceeds distributed per ownership percentages.

Bottom line: Individual common area sale = no. Structural changes = possible with high-threshold approval.