Which Maine Laws Govern Your HOA or Condo?

Before you can hold a Maine association to the law, it helps to know which law applies — and in Maine the threshold question is whether your community is a condominium or a non-condominium homeowners association. Several frameworks operate together, and the right combination depends on that distinction and on the community's age. For your specific situation, a licensed Maine attorney is the right resource. This is general information, not legal advice.

The condominium line

Maine's main community-association statute is the Maine Condominium Act, 33 M.R.S. §§ 1601-101 et seq. — the state's adoption of the Uniform Condominium Act. By its terms it applies to condominiums created on or after January 1, 1983. Condominiums created before that date fall under the older Unit Ownership Act, 33 M.R.S. Ch. 10. The two are not interchangeable.

Non-condominium HOAs

A traditional subdivision HOA — where you own a house and lot and belong to an association that maintains common areas — is generally not a condominium. Maine has no general statute for those associations. Their framework comes from:

• The recorded declaration, bylaws, and rules
• The Maine Nonprofit Corporation Act (13-B M.R.S.) if the HOA is incorporated as a nonprofit
• General Maine contract and property law

The entity layer

Most Maine associations — condo or HOA — are incorporated as nonprofits under the Nonprofit Corporation Act (13-B M.R.S.). That layer governs how the corporation runs: board authority, member voting, meetings, and member rights to inspect corporate records. For non-condominium HOAs, it does much of the heavy lifting because the Condominium Act does not apply.

Federal law

Federal protections apply across the board: the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), and the Freedom to Display the American Flag Act.

The full Maine stack

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The property statute — the Condominium Act (§§ 1601-101 et seq.) for post-1983 condos, or the Unit Ownership Act (Ch. 10) for older condos. Non-condo HOAs have no equivalent.
3. The entity law — the Nonprofit Corporation Act (13-B M.R.S.) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination depends on whether you're a condo and how the association is organized, a licensed Maine attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• 33 M.R.S. Ch. 31 — Maine Condominium Act (table of contents)
• 33 M.R.S. §1601-102 — Applicability
• 13-B M.R.S. — Maine Nonprofit Corporation Act