HOA Laws in Maine

Maine's condominiums are governed by the Maine Condominium Act, Title 33, Chapter 31. Maine does not have a separate comprehensive statute covering every traditional HOA, which are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, the Maine Condominium Act controls most operations, including creation, management, assessments, and liens. If your community is a traditional HOA, your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Maine HOAs are incorporated as nonprofit corporations, so Title 13-B governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For traditional HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the nonprofit corporation law, which gives members certain inspection rights. Condominium associations follow the provisions of the Condominium Act.

Elections and voting

Directors are elected by the members as provided by the bylaws and the corporation law, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid assessments under the Maine Condominium Act, which provides a limited priority for a portion of the debt. Traditional HOAs derive their assessment and lien authority mainly from their governing documents. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most Maine HOAs, the authority to fine comes from the governing documents rather than a detailed state statute. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

Maine does not impose a broad statewide reserve-study mandate on traditional HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Maine addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Maine Condominium Act appears in Title 33 of the Maine Revised Statutes, and the Nonprofit Corporation Act in Title 13-B. For a specific situation, consult a Maine attorney experienced in community association law.