In Nebraska, 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 Nebraska attorney is the right resource. This is general information, not legal advice.
A Nebraska homeowner's rights typically come from several layers at once:
- Nebraska Condominium Act, Neb. Rev. Stat. §§ 76-825 to 76-894 — governing condominiums created after January 1, 1984 (see §76-826). It carries real owner protections: records, meetings, board powers, and the assessment lien.
- Condominium Property Act, Neb. Rev. Stat. §§ 76-801 to 76-824 — the older statute for condominiums created before 1984.
- Nebraska Nonprofit Corporation Act — the entity law for the associations (condo and HOA) 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 Nebraska Laws Govern Your HOA?.
Records (§76-876)
For condominiums, "all financial and other records of the association shall be made reasonably available for examination by any unit owner and his or her authorized agents" (§76-876). The section sets no deadline. For non-condominium HOAs, records rights come from the bylaws and, for incorporated associations, the Nonprofit Corporation Act. See Getting Your HOA's Records in Nebraska.
Meetings (§76-866)
For condominiums, the Condominium Act sets a floor for association meetings. "A meeting of the association must be held at least once each year," and special meetings may be called "by the president, a majority of the executive board, or by unit owners having twenty percent, or any lower percentage specified in the bylaws, of the votes in the association." Notice goes out "not less than ten nor more than fifty days in advance of any meeting," and it "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" (§76-866). Section 76-866 speaks to meetings of the association (the owners), not board meetings; how the board meets and whether owners can attend usually comes from the bylaws. Non-condominium HOAs follow their bylaws and, if incorporated, the Nonprofit Corporation Act.
Rules and fines (§76-860)
Subject to the declaration, a condominium association may "adopt and amend bylaws and rules and regulations" (§76-860(a)(1)) and may "impose charges for late payment of assessments and, after notice and opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations for the association" (§76-860(a)(11)). Under §76-826(a), both powers also reach condominiums created before 1984, for events after January 1, 1984. The statute sets no dollar cap or hearing format; those come from the documents. See Fighting an HOA Fine in Nebraska. For non-condominium HOAs, rule and fine power comes from the declaration and bylaws. In either kind of community, a rule still has to be validly adopted, consistent with the declaration, and reasonable, and it can't conflict with federal law. The general framework is in When Is an HOA Rule Unenforceable?.
The assessment lien (§76-874)
For condominiums, the Act gives the association a lien for unpaid assessments once a notice of the amount is recorded:
"The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due and a notice containing the dollar amount of such lien is recorded in the office where mortgages are recorded." — Neb. Rev. Stat. §76-874(a)
Enforcement runs through the courts: the lien "may be foreclosed in like manner as a mortgage on real estate," and the association must give reasonable notice to other lienholders. See Can a Nebraska HOA Foreclose Over Unpaid Dues?.
Frequently asked questions
Does Nebraska have a general HOA statute?
No. Nebraska 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, and general Nebraska law.
Which condominium law applies to my community?
The Nebraska Condominium Act (§§ 76-825 to 76-894) governs condominiums created after January 1, 1984 (§76-826). Older condominiums fall under the earlier Condominium Property Act (§§ 76-801 to 76-824), though §76-826(a) also applies some Condominium Act sections to them — including records (§76-876) and the fine power (§76-860(a)(11)) — for events after January 1, 1984.
Can a Nebraska association foreclose over unpaid dues?
For condominiums, the lien is foreclosed "in like manner as a mortgage on real estate" (§76-874) — a court process, with reasonable notice to other lienholders. For non-condominium HOAs, §52-2001 gives the association a lien for assessments once a notice of the amount is recorded, and that lien "may be foreclosed in like manner as a mortgage on real estate" (§52-2001(1)).
Sources
- Neb. Rev. Stat. §76-874 — Lien for assessments
- Neb. Rev. Stat. §76-876 — Association records
- Neb. Rev. Stat. §76-866 — Association; meetings
- Neb. Rev. Stat. §76-860 — Unit owners association; powers
- Neb. Rev. Stat. §52-2001 — Homeowners' association lien
- Neb. Rev. Stat. §76-826 — Sections, applicability (Nebraska Condominium Act)