Which Nebraska Laws Govern Your HOA?

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

What law governs condos in Nebraska?

It depends on when the condo was created. The Nebraska Condominium Act, §§ 76-825 to 76-894, governs condominiums created after January 1, 1984 (Neb. Rev. Stat. § 76-826). Older ones fall under the Condominium Property Act, §§ 76-801 to 76-824, though § 76-826(a) also applies listed Condominium Act sections, including records and fines, to them for events after that date.

The two are not interchangeable.

Does Nebraska have a law for non-condo HOAs?

No general one. A traditional subdivision HOA, where you own a house and lot, is generally not a condominium, and Nebraska has no general statute for it. Its framework comes from the recorded declaration, bylaws, and rules; the Nebraska Nonprofit Corporation Act (Neb. Rev. Stat. § 21-1901) if incorporated as a nonprofit; and general contract and property law.

The entity layer

Most Nebraska associations — condo or HOA — are incorporated as nonprofits under the Nebraska Nonprofit Corporation Act. That layer governs board elections, 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.

A safety net if the HOA dissolves (§§ 18-3101 to 18-3105)

Nebraska has an unusual statute for what happens when a non-condo HOA collapses. The Municipal Custodianship for Dissolved Homeowners Associations Act, Neb. Rev. Stat. §§ 18-3101 to 18-3105, covers incorporated nonprofit HOAs within a municipality's limits (§ 18-3102) and, in a proceeding the municipality brings, lets a district court appoint the municipality as custodian to manage a dissolved association's affairs. It applies where the association "has been administratively dissolved by the Secretary of State," has failed "[t]o maintain the common area" as the municipality's approval conditions or agreements required (or in related ways), and its members did not reinstate it within six months after the municipality's demand (§ 18-3104). Once appointed, the custodian "may exercise all of the powers of the homeowners association, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the association in the best interests of its members" (§ 18-3104). The Act also lets an association dissolved under the Nonprofit Corporation Act apply to the Secretary of State for reinstatement (§ 18-3105). It is a backstop, not a day-to-day governing law — but it is part of the Nebraska framework most other states lack.

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 Nebraska stack

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The property statute — the Condominium Act (§§ 76-825 to 76-894) for post-1984 condos, or the Condominium Property Act (§§ 76-801 to 76-824) for older condos. Non-condo HOAs have no equivalent.
3. The entity law — the Nonprofit Corporation Act 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 Nebraska attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• Neb. Rev. Stat. §76-826 — Sections, applicability (Nebraska Condominium Act)
• Neb. Rev. Stat. §76-874 — Lien for assessments
• Neb. Rev. Stat. §76-876 — Association records
• Neb. Rev. Stat. §21-1901 — Nebraska Nonprofit Corporation Act (§§21-1901 to 21-19,177)
• Neb. Rev. Stat. §18-3102 — Terms, defined (Municipal Custodianship for Dissolved Homeowners Associations Act)
• Neb. Rev. Stat. §18-3104 — Appointment of municipality as custodian; findings; hearing
• Neb. Rev. Stat. §18-3105 — Dissolved homeowners association; reinstatement