Nebraska HOA Laws: Rights & Board Duties

Nebraska's HOA framework depends on your community type. Condominiums have a comprehensive statute; ordinary planned communities rely on their declaration and general nonprofit/contract law.

Nebraska Condominium Act (Neb. Rev. Stat. §76-825 to §76-894)

This UCIOA-based act governs condominiums created on or after January 1, 1984. Key provisions include:

• §76-825 to §76-841 — Definitions, applicability, and creation of condominiums
• §76-859 to §76-861 — Organization, powers, and management of the unit owners' association
• §76-860 — Association powers, including authority to levy fines after notice and an opportunity to be heard
• §76-871 — Insurance requirements
• §76-874 — Lien for assessments (3-year enforcement window)
• §76-876 — Association records; available for examination by unit owners

Older condominiums (created before 1984) are governed mainly by the Condominium Property Act, §76-801 et seq. — but that is not the whole picture, and the part usually left out is the part that helps you.

Ordinary HOAs: CC&Rs + the Nonprofit Corporation Act

Nebraska has no separate "Planned Community Act." Non-condominium HOAs are governed by:

• Recorded CC&Rs — Enforceable as covenants running with the land
• Bylaws — Internal governance procedures
• Nebraska Nonprofit Corporation Act (Chapter 21) — Default rules for meetings, records, voting, and director duties for HOAs organized as nonprofit corporations
• Nebraska contract and property law — Including strict construction of restrictive covenants

Your rights in Nebraska depend on whether you live in a condominium (statutory protections under the Condominium Act) or an ordinary HOA (governing documents plus the Nonprofit Corporation Act).

Condominium Notice and Hearing (§76-860)

• Written notice — The association must provide notice of the alleged violation
• Opportunity to be heard — You must be given a chance to present your case before a fine
• Before fine imposition — The opportunity to be heard precedes the fine

Condominium Record Access (§76-876)

• Financial records — Budgets, financial statements, and account information
• Governing documents — Declaration, bylaws, rules, and amendments
• Meeting minutes — Board meeting minutes and records of official actions
• Reasonable availability — Records must be made reasonably available for examination by unit owners

Ordinary HOA Rights (Nonprofit Corporation Act + Documents)

• Record inspection — Members of a nonprofit-corporation HOA generally have inspection rights under Chapter 21
• Member meetings and voting — Per the bylaws and Chapter 21 defaults
• Notice and process before a fine — As provided by your CC&Rs and bylaws
• Uniform enforcement — The HOA must apply restrictions consistently

Federal and Additional Protections

• Federal Fair Housing Act — Prohibits discrimination on protected bases
• Nebraska fair housing law — State-level fair housing protections
• Flag display rights — Federal protection for American flag display
• Satellite dish rights — FCC OTARD rule applies
• Reasonable accommodations and modifications — these come from the Fair Housing Act, not the ADA: an HOA must make reasonable accommodations in its rules and permit reasonable modifications for residents with disabilities. The Americans with Disabilities Act reaches public accommodations, so it bears on an HOA only where a facility is genuinely open to the public

Nebraska HOA board members owe statutory obligations (for condominiums) under the Condominium Act and fiduciary duties under general corporate-governance principles and the Nonprofit Corporation Act.

Statutory and Document-Based Obligations

• Notice and hearing before fines (condos) — Must provide under §76-860
• Record access (condos) — Must make records available under §76-876
• Meetings and records (HOAs) — As required by the bylaws and Nonprofit Corporation Act
• Financial transparency — Must maintain financial records
• Follow governing documents — Must comply with the declaration, bylaws, and rules

Fiduciary Duties

• Duty of care — Act with the care a reasonably prudent person would exercise
• Duty of loyalty — Act in the association's best interest, not personal gain
• Duty of good faith — Deal honestly and fairly with homeowners
• Business judgment rule — Good-faith decisions made with reasonable information are protected

What the Board Cannot Do

• Cannot fine a condo owner without notice and hearing — Violates §76-860
• Cannot deny condo record access — Violates §76-876
• Cannot selectively enforce — Must apply rules uniformly
• Cannot retaliate — Cannot target homeowners for complaints or dissent
• Cannot self-deal — Must disclose conflicts and recuse from conflicted decisions
• Cannot exceed authority — Actions beyond CC&R and statutory authorization are void
• Cannot discriminate — Subject to state and federal fair housing laws