Fines & PenaltiesME
Fighting an HOA Fine in Maine
By The HOARebel Team · May 29, 2026 · 2 min read
A fine from a Maine association can feel non-negotiable, but the fine power isn't unlimited — and it isn't the same for every community. The first question is whether your community is a condominium (governed by the Maine Condominium Act) or a non-condominium HOA (governed by its declaration and the Nonprofit Corporation Act). For your specific situation, a licensed Maine attorney is the right resource. This is general information, not legal advice.
Condominiums: powers of the association (§1603-102)
For condominiums, the Maine Condominium Act addresses the board's powers, including the authority to impose charges for late payment of assessments and, after notice and an opportunity to be heard, reasonable fines for violations of the declaration, bylaws, and rules (§1603-102).
Two limits matter there. A fine must be reasonable, and the owner is generally entitled to notice and a chance to respond before it is final. A penalty wildly out of proportion to the alleged violation, or one imposed with no notice and no hearing, is the kind of thing a homeowner or attorney examines first.
The declaration and rules still matter
The statute sets a floor; the declaration, bylaws, and any adopted rules fill in the detail — including any fine schedule and the hearing procedure. An association that ignores its own stated process has a separate problem beyond the statute. People challenging a fine commonly request the adopted rule and fine schedule in writing.
Non-condominium HOAs
If your community is not a condominium, the Condominium Act does not apply. The fine power — and any limit on it — comes from the declaration and bylaws, with the fiduciary duties a board owes under the Nonprofit Corporation Act (13-B M.R.S.) as a backstop. The leverage points shift to whether the fine is actually authorized by the documents and whether the board followed its own procedure. See Which Maine Laws Govern Your HOA or Condo?.
Selective enforcement
Even a valid rule can fail in the way it's applied. When an association enforces a restriction against one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — photos, dates, and addresses.
Records help build the picture
The governing documents and any adopted fine schedule are the starting point, and a records request can reach the rule, the minutes, and the notice the association sent.
Where this can go
If a fine cannot be resolved with the board, the avenues include the association's records, the courts, and a licensed Maine attorney to evaluate whether a particular fine is authorized, reasonable, and properly imposed.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Maine's law requires before an association can fine you — free, with the statute quoted for each step.