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.

The condominium line

Nebraska's modern community-association statute is the Nebraska Condominium Act, Neb. Rev. Stat. §§ 76-825 to 76-894 — the state's adoption of the Uniform Common Interest Ownership Act. By its terms it governs condominiums created on or after January 1, 1984 (§76-824.01). Condominiums created before that date fall under the older Condominium Property Act, §§ 76-801 to 76-823. 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. Nebraska has no general statute for those associations. Their framework comes from:

• The recorded declaration, bylaws, and rules
• The Nebraska Nonprofit Corporation Act if the HOA is incorporated as a nonprofit
• General Nebraska 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, lets a district court appoint a city or village as custodian of a dissolved association's common areas. It applies where the association "was administratively dissolved by the Secretary of State" and "has failed to maintain the common area" as the municipality's approval conditions or agreements required (§ 18-3104). Once appointed, the custodian "may exercise all of the powers of the homeowners' association … 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 76-823) 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. §76-824.01 — Applicability of the Nebraska Condominium Act
• Neb. Rev. Stat. §76-874 — Lien for assessments
• Neb. Rev. Stat. §76-876 — Association records
• Neb. Rev. Stat. §18-3104 — Appointment of municipality as custodian; findings; hearing
• Neb. Rev. Stat. §18-3105 — Dissolved homeowners association; reinstatement