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 — Nebraska's adoption of the Uniform Common Interest Ownership Act, governing condominiums created on or after January 1, 1984 (see §76-824.01). It carries real owner protections: records, meetings, board powers, and the assessment lien.
- Condominium Property Act, Neb. Rev. Stat. §§ 76-801 to 76-823 — 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, meetings, and board powers (condominiums)
For condominiums under the Condominium Act, the statute addresses association records (§76-876), meetings (§76-866), and the board's powers, including assessments and enforcement (§76-857). See Getting Your HOA's Records in Nebraska and Attending HOA Meetings in Nebraska.
The assessment lien (§76-874)
For condominiums, the Act gives the association an automatic lien for unpaid assessments:
"The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due ..." — Neb. Rev. Stat. §76-874
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 on or after January 1, 1984. Older condominiums fall under the earlier Condominium Property Act (§§ 76-801 to 76-823).
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, any lien right comes from the declaration and general Nebraska law.