Maine HOA Laws Explained: Homeowner Rights & Board Obligations

Maine's common interest community law depends on the type and creation date of the community. Understanding which statute governs your community is essential.

Maine Condominium Act (33 M.R.S. §1601-101 et seq.)

This comprehensive statute governs condominiums created after 1983:

• §1601-101 to §1601-118 — General provisions, definitions, and applicability
• §1602-101 to §1602-123 — Creation of condominiums, declaration requirements, and common elements
• §1603-101 to §1603-121 — Association governance, board powers, member rights, assessments, and liens
• §1603-102 — Powers of the unit owners' association (critical for enforcement authority)
• §1603-116 — Lien for assessments
• §1603-118 — Association meetings and voting
• §1604-101 to §1604-118 — Consumer protection, disclosures, and resale certificates

Unit Ownership Act (33 M.R.S. §§561-599)

Older condominiums created before 1983 are governed by the earlier Unit Ownership Act:

• Less detailed than the modern Condominium Act
• Provides basic governance framework
• Some provisions of the newer act also apply to pre-1983 condominiums

Planned Communities and Other HOAs

Non-condominium HOAs in Maine are governed by:

• Recorded covenants, conditions, and restrictions (CC&Rs)
• Bylaws and articles of incorporation (if incorporated as a nonprofit)
• Maine nonprofit corporation law (Title 13-B) if incorporated
• General Maine property and contract law

Compare Maine's framework to New Hampshire (RSA 356-B), Massachusetts (M.G.L. c. 183A), and Connecticut (CIOA).

The Maine Condominium Act and general Maine law establish important rights for unit owners. These rights provide the foundation for challenging improper actions by the board.

Record Access Rights

Under the Maine Condominium Act and most bylaws, unit owners can access:

• Financial records — Budgets, financial statements, receipts and expenditures
• Meeting minutes — Minutes of board and unit owner meetings
• Governing documents — Declaration, bylaws, rules, and amendments
• Insurance information — Details of the association's coverage
• Assessment records — Records of levied assessments and payments

Meeting and Voting Rights (§1603-118)

• Annual meeting — Required for unit owner elections and association business
• Board meetings — Generally open to unit owners
• Voting rights — Right to vote on elections, amendments, and major decisions
• Proxy voting — Generally permitted unless bylaws prohibit it
• Special meetings — Can be called as provided in the bylaws

Due Process in Enforcement

• Written notice — Required before fines or sanctions
• Opportunity to be heard — Right to present your case
• Follow governing documents — Board must comply with its own procedures
• Reasonable enforcement — Sanctions must be proportionate

Protected Activities Under Maine and Federal Law

• American flag display — Protected under federal law
• Solar energy systems — Maine has adopted strong solar energy policies; unreasonable HOA restrictions on solar panels may be challengeable under state energy policy
• Fair housing — The Maine Human Rights Act (5 M.R.S. §4581 et seq.) prohibits discrimination in housing based on race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin, familial status, and source of income
• Reasonable accommodations — Required for persons with disabilities under state and federal law

Maine condominium boards have specific obligations under the Maine Condominium Act and general fiduciary principles. Understanding these duties helps you hold the board accountable.

Association Powers (§1603-102)

The association's powers, exercised by the board, include:

• Adopt rules and regulations — Governing use of common elements and units
• Levy assessments — Collect common expenses from unit owners
• Maintain common elements — Repair and maintain shared areas
• Enforce governing documents — Enforce the declaration, bylaws, and rules through authorized means
• Sue and be sued — Act on behalf of the association in legal matters
• Obtain insurance — Maintain adequate property and liability coverage

Fiduciary Duties

• Duty of care — Act with reasonable care and diligence
• Duty of loyalty — Put the association's interests above personal interests
• Duty of good faith — Act honestly and fairly in all decisions
• Duty to follow the documents — Comply with the declaration, bylaws, and law

What the Board CANNOT Do

• Cannot exceed declared authority — Must act within powers granted by the declaration and bylaws
• Cannot retaliate — Cannot punish owners for exercising legal rights
• Cannot selectively enforce — Must treat all owners equally
• Cannot discriminate — Must comply with the Maine Human Rights Act
• Cannot deny record access — Must provide access to association records
• Cannot impose fines without due process — Must follow established procedures