HOA LAWS AND REGULATIONS

  • Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Maine.

  • Maine Unit Ownership Act (UOA), 33 MRSA §§ 560 et seq. This older statute provides a generalized framework that governs the formation, management, and operation of condominium property formed before January 1, 1983. A condominium property submits to the provisions of this chapter by recording a declaration with the register of deeds in the county where the property is located. See §562 (Application). See also, §1601-102 (Applicability) of the MCA.  

  • Maine Condominium Act (MCA), 33 MRSA §§ 1601-101 et seq.: The Act was enacted to provide a legal structure for the creation, alteration, and termination of condominiums; management of the condominiums; and protection of condominium purchasers. This Act applies to all condominiums created under the provisions of this Act after January 1, 1983, and to all condominiums created before said date, which amend the instruments subjecting the condominium to the provisions of this Act. See §1601-102 (Applicability).

  • Maine Nonprofit Corporation Act, 13-B MRSA §§ 101 et seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. If an association is organized as a nonprofit, as is the case with most Maine associations, it will be governed by the Nonprofit Corporations Act. Visit the Maine Secretary of State to find an association's corporate status.

  • Maine Human Rights Act (MHRA), 5 MRSA §§ 4551 et seq.: The Act is designed to protect the interests of individuals by prohibiting discrimination in employment, fair housing, public accommodations, and educational opportunity. See §4552 (Policy). Section 4581-A of the MHRA protects people's right to access all housing opportunities without discrimination based on race or color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin, or familial status (the presence of children under the age of 18) or receipt of public assistance. See also, § 4553 (Definitions), § 4581 (Right to freedom from discrimination in housing; exceptions), § 4582-A Unlawful housing discrimination on the basis of disability, § 4553-A (Physical or mental disability). 

    The Act was modeled closely after the federal Fair Housing Act (FHA). Aggrieved persons have the right to have their discrimination claims heard before the Maine Human Rights Commission, HUD, or file a private lawsuit in federal or state court. 

Recommended Reading:

SOLAR EASEMENTS AND RIGHTS

  • Maine Solar Easements Law, Me. Rev. Stat. tit. 33, § 1401, et seq.: The law provides that to ensure adequate exposure to direct sunlight, a person may grant an easement in writing and recorded in the same way as other conveyances of real property interests. Under the statute, solar easements must be appurtenant and run with the land and are subject to court-decreed abandonment and other limitations provided by law. The statute also provides guidelines for the composition of the solar access easements. §1402.

  • Maine Solar Rights Law, Me. Rev. Stat. tit. 33, § 1421, et seq.: The statute's purpose is to promote the use of solar energy and avoid unnecessary obstacles to the use of solar energy devices. §1422. Any prohibitions (rules, bylaws or regulations of an association of property owners, including but not limited to a homeowners association, unit owners association or condominium owners association) on the use of a solar energy device on residential property owned by that person and solar clothes-drying device on residential property leased or rented by that person are void and unenforceable. 

"Reasonable restrictions" on the installation and use of a solar energy device necessary to protect public health and safety, historical or aesthetic values, are allowable when an alternative of reasonably comparable cost and convenience is available. See §1423 (Use and installation of solar energy devices). See also, §1421 (Definitions).

GOVERNMENT AGENCIES

HOA INFORMATION AND DOCUMENTS

  • Association Records, 33 MRSA §1603-118. Within ten days of a written request, all records retained by an association must be available for examination and copying by a unit owner or the unit owner's authorized agent during reasonable business hours or at a mutually convenient time.

    An association can withhold certain records—such as executive board meeting minutes, documents subject to attorney-client privilege, records relating to disciplinary or collection actions against members, association personnel records, and records of "goods or services" for consideration, among other records—are exempt from production or inspection. §1603-118(c). An association may charge a reasonable fee for providing copies of any records under this section and supervise the unit owner's inspection. §1603-118(d). See also, 33 MRSA §577 (Books of receipts and expenditures; availability for examination) for condominiums formed before January 1, 1983, and 13-B MRSA §715 (Books and records) condominium and homeowners' associations organized as nonprofit corporations.

  • Maine Homeowners' Association Directory - Find the association's contact information, list of active board members, articles of incorporation, and important corporation information by searching for the subdivision or community name.

  • Maine Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.

LEGAL RESOURCES

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.