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 on or after January 1, 1983:

• §1601-101 to §1601-116 — General provisions, definitions, and applicability
• §1602-101 to §1602-121 — Creation of condominiums, declaration requirements, and common elements
• §1603-101 to §1603-119 — Association governance, board powers, member rights, assessments, and liens
• §1603-102 — Powers of the unit owners' association, including §1603-102(a)(11): the power to levy reasonable fines only "after notice and an opportunity to be heard"
• §1603-116 — Lien for assessments and fines
• §1603-118 — Association records (member inspection rights)
• §1604-101 to §1604-118 — Consumer protection, disclosures, and resale certificates

Unit Ownership Act (33 M.R.S. ch. 10, §§560 to 587)

Older condominiums created before January 1, 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 (Article 3, §1603-101 et seq.)

• 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 (33 M.R.S. §1423) — An HOA may not prohibit installation of solar energy devices on a homeowner's own residential property; reasonable restrictions are allowed and common elements may differ
• 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, gender identity, and receipt of public assistance
• 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

The Maine Condominium Act and most governing documents provide frameworks for amending declarations and bylaws. If your association's documents contain unreasonable restrictions or your bylaws need reform, the amendment process is the route.

Who Has Amendment Authority?

• Unit owners, not the board alone — Declaration amendments require unit-owner approval, typically by supermajority
• Supermajority thresholds — Most Maine declarations require 67% to 75% of votes (or higher for certain types of amendments)
• Bylaw amendments often easier — Frequently only majority vote, depending on the bylaws themselves
• Rules and regulations — The board can typically adopt or change these without a unit-owner vote

Calling a Special Meeting in Maine

Under the Maine Condominium Act and the Maine Nonprofit Corporation Act, unit owners generally retain the right to demand special meetings:

• Petition threshold — Typically 10-20% of voting unit owners (check your bylaws for the exact threshold)
• Written demand — Submit a written petition with the proposed agenda
• Board duty to call — The board must hold the meeting within a reasonable period after the demand
• Notice requirements — All unit owners must receive advance notice with the proposed action

Practical Strategy: Reform from Within

If your community has recurring problems, governing-document reform is the durable answer:

1. Identify the problematic provisions in the declaration, bylaws, or rules
2. Draft proposed amendments with help from a Maine real estate attorney
3. Build coalition support — Required because supermajority approval is needed for declarations
4. Request the unit-owner roster for amendment outreach
5. Run candidates for the board — Often complementary to amendment efforts

Maine HOA and condominium disputes are decided under the Condominium Act, contract law, and common-law doctrines. Several judicial principles repeatedly favor homeowners — knowing them by name strengthens your written arguments.

Strict Construction of Restrictive Covenants

Maine follows the general rule that restrictive covenants are construed strictly against the party seeking enforcement:

• Ambiguous declaration provisions are read in favor of the homeowner's free use of property
• The board cannot expand a restriction beyond its plain language
• Subjective standards ("unsightly," "objectionable") are vulnerable as too vague
• Where the conduct is not clearly prohibited, the homeowner generally prevails

Implied Covenant of Good Faith

Maine recognizes the implied covenant of good faith and fair dealing in every contract — including declarations and bylaws. Practical applications:

• Selective enforcement violates good faith
• Retaliation against homeowners for exercising legal rights violates good faith
• Arbitrary application of rules violates good faith

Waiver and Abandonment (Maine's Strong Defense)

Maine courts give particular weight to waiver and abandonment in HOA disputes:

• Waiver — Sustained non-enforcement waives the right to enforce a specific restriction
• Abandonment — Persistent community-wide non-enforcement can render a restriction unenforceable
• Notice before resumed enforcement — Maine courts may require general community notice and a cure period before resuming enforcement of a previously-waived restriction
• Burden of proof — The homeowner must demonstrate the pattern of non-enforcement

Business Judgment Rule — and Its Limits

Maine boards can claim business judgment protection for good-faith decisions. But the rule has limits:

• Decisions must be informed (the board must have considered the facts)
• Decisions must be in good faith (not motivated by personal animus)
• Decisions must be within the board's authority under the Condominium Act and governing documents
• Procedural defects (skipping required notice or hearings) defeat business judgment protection