In Maine, there is no single statute called "the HOA Act." The most important threshold question is whether your community is a condominium or a non-condominium homeowners association, because that determines which law applies. For your specific situation, a licensed Maine attorney is the right resource. This is general information, not legal advice.
A Maine homeowner's rights typically come from several layers at once:
- Maine Condominium Act, 33 M.R.S. §§ 1601-101 et seq. — Maine's adoption of the Uniform Condominium Act, governing condominiums created after the Act took effect on January 1, 1983. It carries real owner protections: records, meetings, and the assessment lien.
- Unit Ownership Act, 33 M.R.S. Ch. 10 — the older statute for condominiums created before 1983. Listed Condominium Act sections — including records (§1603-118), the fine power (§1603-102(a)(11)), and the assessment lien (§1603-116) — also apply to those older condominiums for events after January 1, 1983 (§1601-102(a)).
- Maine Nonprofit Corporation Act, 13-B M.R.S. — the entity law for the associations (condo and HOA) that are incorporated as nonprofits.
- The recorded governing documents — the declaration, bylaws, and rules. For non-condominium HOAs, these plus the Nonprofit Corporation Act do most of the work, because the Condominium Act does not reach them.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
Condominium or HOA?
The Condominium Act applies to condominiums — communities where you own a unit plus an undivided interest in the common elements. 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, so the Condominium Act does not govern it. Those communities run on the declaration, the Nonprofit Corporation Act if they are incorporated, and general Maine contract and property law. For condominiums under the Condominium Act, "the association shall be organized as a nonprofit corporation under Title 13-B" (§1603-101), so those associations sit under both statutes.
Records (§1603-118)
For condominiums, association records are available to unit owners "Upon 10 days' notice in writing reasonably identifying the specific records of the association requested" (§1603-118). The section also lists what the association must keep, including "minutes of all meetings of its unit owners and executive board other than executive sessions" and accounting records "for the past 6 years." See Getting Your HOA's Records in Maine.
Meetings (§1603-108)
For condominiums, §1603-108 is one of the more detailed meeting provisions among states without a general HOA act:
- Association meetings. "A meeting of the association must be held at least once each year." Notice goes out "not less than 10 nor more than 60 days in advance of any meeting" and "must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove a director or officer."
- Board meetings. "The executive board shall give timely notice reasonably calculated to inform unit owners of the date, time and place of and topics proposed to be discussed at meetings of the executive board," which can be a posting in the common elements or an e-mail. "Unit owners have the right to attend meetings of the executive board, subject to reasonable rules established by the executive board."
- Executive sessions. The board may close a session only for listed reasons: consulting the association's attorney, litigation or similar proceedings, labor or personnel matters, contracts being negotiated, or protecting a person's privacy. "A final vote or action may not be taken during an executive session."
Section 1603-108 is not on the list of Condominium Act sections that §1601-102(a) extends to condominiums created before 1983, so older condominiums and non-condominium HOAs look to their bylaws and, if incorporated, the Nonprofit Corporation Act.
Rules and fines (§1603-102)
Subject to the declaration, a condominium association may "adopt and amend bylaws and rules and regulations" and may "impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association" (§1603-102(a)(1), (11)). Those powers, along with the records section and the lien, also reach condominiums created before 1983, for events after January 1, 1983 (§1601-102(a)). See Fighting an HOA Fine in Maine and When Is a Maine HOA Rule Unenforceable?.
The assessment lien (§1603-116)
For condominiums, the Act gives the association a lien for unpaid assessments and fines:
"The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due." — 33 M.R.S. §1603-116
The same section ties enforcement to the courts: the lien "may be foreclosed in like manner as a mortgage on real estate." See Can a Maine HOA Foreclose Over Unpaid Dues?.
Frequently asked questions
Does Maine have a general HOA statute?
No. Maine has a Condominium Act for condominiums, but no comprehensive statute governing non-condominium homeowners associations. Those communities are governed by their declaration, the Nonprofit Corporation Act (Title 13-B), and general Maine law.
How do I know if the Condominium Act applies to me?
It applies to condominiums. If you own a house and lot and belong to an association — rather than owning a "unit" in a condominium — you are most likely not under the Condominium Act. A licensed Maine attorney can confirm which framework governs your community.
Can a Maine association foreclose over unpaid dues?
For condominiums, the Condominium Act allows the assessment lien to be foreclosed "in like manner as a mortgage on real estate" (§1603-116) — a court process. For non-condominium HOAs, any lien right comes from the declaration and general Maine law.
Sources
- 33 M.R.S. §1603-116 — Lien for assessments
- 33 M.R.S. §1603-118 — Association records
- 33 M.R.S. §1603-108 — Meetings
- 33 M.R.S. §1603-102 — Powers of unit owners' association
- 33 M.R.S. §1603-101 — Organization of unit owners' association
- 33 M.R.S. §1601-102 — Applicability
- 33 M.R.S. Ch. 31 — Maine Condominium Act (table of contents)
- 13-B M.R.S. — Maine Nonprofit Corporation Act