Nebraska HOA Laws and Resources

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 Nebraska.

Nebraska Condominium Property Act (CPA), Neb. Rev. Stat. §§ 76-801 to 76-823). The Act governs the formation, management, and operation of condominium regimes created before January 1, 1984. See §§ 76-803, 76-809. See also, Oak Hills Highlands Assn. v. LeVasseur, 21 Neb.App. 889, 845 N.W.2d 590 (2014), Twin Towers Condo. Ass'n, Inc. v. Bel Fury Invs. Grp., L. L.C., 860 N.W.2d 147 (Neb. 2015).

Nebraska Condominium Act (NCA), Neb. Rev. Stat. §§ 76-825 to 76-894. The Act governs condominium regimes created after January 1, 1984. § 76-826. A condominium regime is created when the master deed (declaration) is recorded with the register of deeds in the county where the condominium property is located. See § 76-838(a).

Nebraska Nonprofit Corporation Act, Neb. Rev. Stat. § 21-1901 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 Nebraska associations, it will be governed by the Nonprofit Corporations Act. Visit the Nebraska Secretary of State to find an association's corporate status.

Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act, Neb. Rev. Stat. § 18-3101, et seq.: The Act allows homeowners association dissolved under section 21-19,138 of the Nebraska Nonprofit Corporation Act to apply to the Secretary of State for reinstatement. The law outlines the requirements and process for reinstatement. See also, Neb. Rev. Stat. § 21-152 (Reinstatement following administrative dissolution).

Lien; foreclosure; notice; priority; costs and attorney's fees; homeowners' association; furnish statement; restrictions on lien; payments to escrow account; use, Neb. Rev. Stat. § 52-2001. The law empowers homeowners associations with a lien on a member's property for assessments (fees, charges, late charges, and interest). Associations must record a notice containing the dollar amount of such lien with the county land records. HOA liens may be foreclosed in like manner as a mortgage. A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the assessments become due. Under the law, homeowners can request a statement of unpaid assessments, after which the association has ten (10) business days after receipt of the request to respond. See also, Neb. Rev. Stat. §§ 76-856 (Rights of secured lenders; restrictions on lien), and 76-874 (Lien for assessments), 76-875 (Liens affecting the condominium).

Moreover, associations may require a person who purchases a restricted real estate after September 6, 2013, to make payments into an escrow account established by the association in an amount not to exceed six months of assessments. § 52-2001(10)(a). See also, § 76-874.01 (Payments to escrow account; use).

Streets in unincorporated villages and sanitary and improvement districts; powers and duties of county or township authorities; liability for damages, Neb. Rev. Stat. § 39-1405. The law requires counties to maintain the public roads within unincorporated villages. Homeowners' associations with at least fifty individual housing units may enter into a contract with the county for road maintenance services or snow and ice removal services on nonpublic roads. § 39-1405(3). 

Nebraska Fair Housing Act, Neb. Rev. Stat. § 20-301 et seq.: The Act went into effect on September 6, 1991, and is designed to prevent discrimination in the acquisition, ownership, possession, or enjoyment of housing throughout Nebraska. See § 20-302. In particular, the law protects people's right to access all housing opportunities without discrimination based on race, color, religion, national origin, sex, familial status (the presence of children under the age of 18), or handicap. See §§ 20-318 through 321.

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 Nebraska Equal Opportunity Commission, HUD, or file a private lawsuit in federal or state court. 

Recommended Reading:

• United States of America v. Latvian Tower Condominium, et al., No. 8:2008cv00489 - Document #81 (D. Neb. 2010). The court entered a consent order resolving case alleging discrimination based on familial status (family with children). The condominium association was ordered to pay $112,500 to victims of discrimination and an additional $15,000 to the government as a civil penalty.

• Examples of Housing Discrimination

• Joint Statement of HUD and Dept. of Justice Reasonable Accommodations under the Fair Housing Act (2004).

• Joint Statement of HUD and Dept. of Justice Reasonable Modifications under the Fair Housing Act (2008).

• Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020).

Nebraska Solar Energy and Wind Energy Law, Neb. Rev. Stat. § 66-901 et seq.: The statute includes numerous provisions governing solar and wind energy and grants property owners the right to obtain written easements or agreements to ensure adequate access to a solar energy system. See § 66-909. 

Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.

Nebraska Government Portal - Search for government information by topic and agency.

Nebraska Equal Opportunity Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.

Nebraska Real Estate Commission - The Commission is responsible for the licensure, education, and discipline of real estate brokers, associate brokers, salespersons, and brokerage business.

• Nebraska Real Estate Commission Seller Property Condition Disclosure Statement

• Property Management Requirement Overview

Nebraska Attorney General - The attorney general's office plays a vital role in protecting the state's citizens.

• Consumer Protection

U.S. Department of Housing and Urban Development - Nebraska

Nebraska 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.

Nebraska 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.

Nebraska Legislature - Search your state representative and the legislation (or, "statutory law") database.

Nebraska Judicial Branch - Find court information, self-help, forms, court documents, search cases, and legal opinions.

Nebraska State Bar Association - The association provides public access to a lawyer directory, lawyer referral service, and free or low-cost legal services. 

Legal Aid Services in Nebraska - The office provides free legal services in non-criminal cases to low-income individuals.

American Arbitration Association - The association offers alternative dispute resolution (ADR) information, tools, and services.