Nebraska HOA Laws Explained: Homeowner Rights & Board Obligations

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) fall under the Condominium Property Act, §76-801 et seq.

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
• ADA accommodations — Reasonable modifications for disabled residents

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