When Is a Maine HOA Rule Unenforceable?

A board can announce a rule, but announcing it is not the same as being able to enforce it. In Maine, a rule has to clear several hurdles before it binds a homeowner — and the hurdles look a little different depending on whether your community is a condominium or a non-condominium HOA. For your specific situation, a licensed Maine attorney is the right resource. This is general information, not legal advice.

The general tests, and where Maine's rule power comes from

The tests that apply in most states also apply here: a rule generally has to be properly adopted, consistent with the recorded declaration, and reasonable, and it can't conflict with federal law such as the Fair Housing Act, the FCC's OTARD antenna rule, or the Freedom to Display the American Flag Act. Those are explained in When Is an HOA Rule Unenforceable?.

For condominiums, the Maine Condominium Act (33 M.R.S. §§ 1601-101 et seq.) gives the association the power, "subject to the provisions of the declaration," to "adopt and amend bylaws and rules and regulations," and to levy "reasonable fines" only "after notice and an opportunity to be heard" (§1603-102(a)(1), (11)). For non-condominium HOAs, the rulemaking power comes from the declaration and bylaws, with the Nonprofit Corporation Act (13-B M.R.S.) governing the corporation. Either way, a purported rule the board never validly adopted, or one that exceeds the authority in the declaration, stands on weaker ground.

Can a Maine condo association ban political signs?

Not during the election window. For a Maine Condominium Act association, 33 M.R.S. § 1603-106 bars bylaw, declaration, rule or deed provisions that prohibit a unit owner from displaying public-office candidate or referendum signs on the unit from 6 weeks before to one week after a primary, general or special election. Non-condominium HOAs follow their declaration and general Maine law.

Maine condominium owners have a specific statutory display right that a bylaw, rule, or even a deed restriction cannot override. Under the Maine Condominium Act, §1603-106, an association "may not include in its bylaws or declaration, or any rule adopted pursuant to the bylaws or declaration, or any deed a restriction that prohibits a unit owner from displaying on that unit owner's unit a sign that supports or opposes a candidate for public office or a referendum question." The protection runs during an election window — "from 6 weeks prior to" a primary, general, or special election "to one week after the election." Added in 2015, it means a flat ban on candidate or referendum signs in that window is unenforceable against a Maine condominium unit owner. (This is a condominium-specific provision; non-condominium HOAs are governed by their declaration and general Maine law.)

Can a Maine condo association ban EV chargers?

It depends on which law governs. Since January 1, 2026, 33 M.R.S. § 576-A, in the Unit Ownership Act for condominiums created before 1983, voids declaration or bylaw provisions that prohibit or unreasonably restrict an EV charging station in a unit parking space or limited common element parking space. Whether it reaches Condominium Act condominiums or non-condominium HOAs is unclear.

Maine law also limits how far a declaration or bylaw of an association of unit owners can restrict EV chargers. The Legislature placed this section, 33 M.R.S. §576-A (enacted by P.L. 2025, c. 280), in the Unit Ownership Act (33 M.R.S. Ch. 10), the older statute for condominiums created before 1983. Under it, "Beginning January 1, 2026, any provision of a declaration or bylaw that either prohibits or places an unreasonable restriction on the installation or use of an electric vehicle charging station in a unit parking space or limited common element parking space or is otherwise in conflict with the provisions of this section is void and unenforceable." The section defines an unreasonable restriction as one "that significantly increases the cost of the electric vehicle charging station or significantly decreases its efficiency or specified performance." A unit owner may apply to the executive board, which must decide in writing within 60 days; unless the board reasonably requests more information, the application "is deemed approved if a denial in writing has not been received within 60 days of the date the application was received." The board "shall approve the application for the installation if the unit owner agrees in writing to" follow the declaration or bylaws on alterations, provide a certificate of insurance, and pay the installation and electricity costs. The association keeps authority to, among other things, require removal before a sale unless the buyer takes ownership of the station. The Maine Condominium Act, which took effect January 1, 1983, says "The provisions of sections 560 through 587 do not apply to condominiums created after the effective date of this Act or amended pursuant to subsection (a) so as to be subject to the provisions of this Act" (§1601-102(b)), so the text does not make clear whether §576-A reaches condominiums governed by the Condominium Act or non-condominium HOAs, even though the act's title refers to "Condominium and Residential Associations." Whether it reaches a particular community is a question for a licensed Maine attorney.

Where to turn

Because the property statute leaves much to the declaration and bylaws, owners often start by reading the recorded documents next to the adopted rule. A records request can reach the adopted rules and the minutes showing how a rule was passed. If a fine is attached, see Fighting an HOA Fine in Maine. When a homeowner believes a rule is invalid or is being enforced unevenly, the avenues include raising it with the board in writing, the courts, and a licensed Maine attorney to evaluate whether a specific rule is enforceable against a specific owner.

Sources

• 33 M.R.S. §1603-102 — Powers of unit owners' association
• 33 M.R.S. §1603-106 — Bylaws (political-sign display protection)
• 33 M.R.S. §1603-118 — Association records
• 33 M.R.S. §576-A — Electric vehicle charging stations allowed
• 33 M.R.S. §1601-102 — Applicability of the Maine Condominium Act
• Fair Housing Act — U.S. Department of Housing and Urban Development