Rules & EnforcementME
When Is a Maine HOA Rule Unenforceable?
By The HOARebel Team · May 29, 2026 · 3 min read · Updated June 2, 2026
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.
Where the rulemaking power comes from
For condominiums, the Maine Condominium Act (33 M.R.S. §§ 1601-101 et seq.) addresses the board's authority, and board powers such as fines are tied to reasonableness and to notice and an opportunity to be heard (§1603-102). 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.
Common reasons a rule may not be enforceable
Homeowners and attorneys often examine whether:
- The rule was properly adopted. Boards generally must follow the rulemaking procedure in the bylaws (and, for condos, in the Condominium Act). A rule announced informally may not have been validly enacted.
- The rule is consistent with the declaration. A rule cannot contradict the recorded declaration; where they conflict, the declaration generally controls.
- The rule (and any fine attached) is reasonable. Reasonableness runs through how Maine courts evaluate restrictions, and the Condominium Act ties the board's fine power to it.
- The rule collides with higher law. Federal law — the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), or the Freedom to Display the American Flag Act — can override a conflicting HOA rule.
Political signs: a Maine condominium protection
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.)
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.
Start with the actual documents
Because the property statute leaves much to the declaration and bylaws, the first step when a rule seems questionable is reading the recorded documents and the adopted rule together. A records request can reach the adopted rules, the minutes showing how (or whether) a rule was passed, and any fine schedule. If a fine is attached, see also Fighting an HOA Fine in Maine.
Where to turn
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.