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I think you should check the NH laws. I know the condo laws changed in 2006 and made significant changes to how condo associations operate regardless of what the establishing documents say. So, regardless of the establishing documents NH laws prevail.
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Yes, but the correct law must be applied.
Condo
http://www.gencourt.state.nh.us/rsa/.../356-b-mrg.htm
HOA
Go to post #18 in this thread.
"New Hampshire Community Association Law
Homeowners’ associations in New Hampshire are not governed by any specific regulations. There are Condominium Rules and a Condominium Act but neither apply directly to HOAs. All community associations must be registered as corporations, most choose to file as Voluntary Corporations, and are therefore subject to Chapter 292 of the New Hampshire Statutes regarding Voluntary Corporations and Associations.
Since there are no formal government acts regarding the management of HOAs, rules can vary drastically between communities. HOAs have the freedom to create and enforce as many or as few regulations as they desire as long as no state or federal laws are violated. Typically, homeowners will sign a contract to join the homeowners’ association upon purchase of property within a common interest community. After that, they are legally bound to follow all regulations set forth by the association."
https://clarksimsonmiller.com/new-ha...d-regulations/