Maine HOA laws

Maine HOA and Condo Laws, in Plain English

Maine has one statute that govern community associations: Condominium Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

HOA laws

Maine

ME
Condominium Act
Resale documentResale Certificate
Fee capNo fixed dollar cap
Deadline10 days
Buyer may cancel5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

33 M.R.S. 1601 (Condominium Act)

Condominiums

The Maine Condominium Act (Title 33, Chapter 31) governs condominiums created in the state on or after its effective date in 1983, and pre-existing condominiums whose owners amend their governing documents to come under it; older condominiums that do not opt in remain under Maine's prior Unit Ownership Act. It covers formation of the condominium through the declaration, bylaws and plats, association organization, governance and powers, common expense assessments and liens, association records, and the disclosures an owner and the association must give on resale of a unit. Applies to condominium unit owners' associations; Maine has no separate planned community or common interest ownership act, so non-condominium homeowners associations and housing cooperatives are governed instead by their recorded declarations and the state's nonprofit corporation law.

  • 33 M.R.S. 1604-108 (Resales of Units)

    Unless a public offering statement is required or the sale is exempt under 1604-101(b), a unit owner furnishes the purchaser, before any contract for sale or otherwise before conveyance, the declaration (without plats and plans), the bylaws, the rules, and a reasonably current certificate with twelve items: restraints on alienation; the monthly common expense assessment and any unpaid common or special assessment due from the seller; other fees; capital expenditures anticipated by the association; reserves and their designated portions; the most recent balance sheet and income and expense statement; the current operating budget; unsatisfied judgments and pending suits in which the association is a defendant; insurance for the benefit of unit owners; whether the executive board knows of alterations violating the declaration; whether it knows of health or building code violations; and any leasehold term. The association furnishes the certificate within 10 days after the unit owner's request and payment of any reasonable fee the association has established. The purchaser is not liable beyond the amounts set forth; the seller is not liable for the association's errors or delay, but the contract is voidable by the purchaser until the certificate is provided and for 5 days after, or until conveyance. Exempt: gratuitous, court-ordered, governmental, foreclosure, dealer, and freely cancellable dispositions. Applies to condominiums created before the 1983 Act as well, for later events (1601-102(a)). Maine has no planned-community or cooperative act.

    Official text
  • 33 M.R.S. 1603-116 (Lien for Assessments)

    Gives the association a lien on a unit for unpaid assessments with the Uniform Act's priority and enforcement rules. On a unit owner's written request the association must furnish a recordable statement of the unpaid assessments currently levied against the unit within 10 business days after receipt of the request, binding on the association, the executive board, and every unit owner; no fee is stated. Applies to condominiums created before the 1983 Act as well, for later events (1601-102(a)).

    Official text
Read 33 M.R.S. 1601 on the state's site

When a Home Sells in Maine

Maine law has the association furnish resale certificate to the buyer, under 33 M.R.S. 1604-108. The figures below come from the rules Havn applies to every order.

What Maine calls the resale document
Resale Certificate
Fee cap
No fixed dollar cap
Delivery deadline
10 days
Buyer's right to cancel
5 days after receiving it

On a unit owner's written request, the association must furnish a recordable statement setting forth the amount of unpaid assessments currently levied against the unit, within 10 business days after receipt of the request; the statement is binding on the association, the executive board, and every unit owner (33 M.R.S. 1603-116(h)).

The full Maine resale rules, who pays, and how to order are on the Maine resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Maine HOA Law Questions

Which law governs condominiums in Maine?

33 M.R.S. 1601 (Condominium Act). The Maine Condominium Act (Title 33, Chapter 31) governs condominiums created in the state on or after its effective date in 1983, and pre-existing condominiums whose owners amend their governing documents to come under it; older condominiums that do not opt in remain under Maine's prior Unit Ownership Act.

Does Maine cap the fee for a resale certificate?

No. Maine sets no dollar cap on resale certificate, so the association or its management company sets the fee within the statute.

How long does a Maine association have to deliver resale certificate?

10 days, counted from the request.

Where can I read the Maine statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Maine community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.