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 on or after 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.
- 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 and the Nonprofit Corporation Act. See Which Maine Laws Govern Your HOA or Condo?.
Records, meetings, and fines (condominiums)
For condominiums, the Condominium Act addresses association records (§1603-118), meetings of the association and executive board (§1603-108), and the board's powers — including charges for late payment and, after notice and an opportunity to be heard, reasonable fines (§1603-102). See Getting Your HOA's Records in Maine and Attending HOA Meetings in Maine.
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.