Maine

Maine HOA Laws: Statutes, Rules & Board Duties

What Maine statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Maine Condominium Act, 33 M.R.S. §§ 1601-101 – 1604-118 (condominiums only)

Applies to: Community associations in Maine

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed Maine attorney before acting. Important structural gap: Maine has a comprehensive statute only for condominiums. Maine has not adopted the Uniform Common Interest Ownership Act (UCIOA), so non-condominium HOAs / planned communities have no general governing statute — they run on their recorded declaration, bylaws, and the Maine Nonprofit Corporation Act (Title 13-B). Where a rule below is a Condominium Act rule, it does not automatically apply to a non-condo HOA.

Governing statutes

Maine Condominium Act, 33 M.R.S. §§ 1601-101 – 1604-118 governs condominiums created on or after January 1, 1983; it is derived from the Uniform Condominium Act (a UCIOA precursor) and covers creation, management, assessments, liens, and resale disclosure (Title 33 ch. 31 TOC).
Older condominiums (created before the Act) may still be governed in part by the earlier Unit Ownership Act. (verify applicability for a specific project — 33 M.R.S. § 1601-102 governs which act applies.) (§ 1601-102)
Non-condominium HOAs and planned communities have no dedicated Maine statute (no UCIOA adoption). They are governed primarily by their declaration/bylaws and, if incorporated, by the Maine Nonprofit Corporation Act, 13-B M.R.S. §§ 101 et seq., which supplies default rules on directors, meetings, and voting (Title 13-B TOC).
The condominium association is organized as a profit or nonprofit corporation or unincorporated association; most are nonprofit corporations under Title 13-B (33 M.R.S. § 1603-101). (§ 1603-101)

Meetings & notice

Annual meeting: a meeting of the association must be held at least once each year; special meetings may be called as provided in the bylaws / Nonprofit Corporation Act (33 M.R.S. § 1603-108). (§ 1603-108)
Notice of meetings: the bylaws must require an officer to deliver notice not less than 10 nor more than 60 days before any meeting, by hand delivery, prepaid U.S. mail, or electronic means to a designated address (33 M.R.S. § 1603-108). (§ 1603-108)
Notice content: must state the time, place, and agenda items, 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 (33 M.R.S. § 1603-108). (§ 1603-108)
Owner attendance / executive session: unit owners may attend executive board meetings; the board may meet in executive session only for limited matters (legal counsel, litigation/negotiation, personnel, contracts, individual privacy), and a final vote or action may not be taken in executive session (33 M.R.S. § 1603-108). (verify exact scope in current text.) (§ 1603-108)
Quorum is not fixed by § 1603-108; it is set by the bylaws (and Title 13-B defaults for nonprofit corporations). (verify the project's bylaws.)
Non-condo HOAs: meeting/notice rules come from the declaration/bylaws and Title 13-B defaults — the Condominium Act notice windows above do not govern them.

Fines & enforcement

The Condominium Act contemplates fines — § 1603-116 makes an assessment lien available for "fines imposed against [a] unit owner" — but the Act sets no statutory fine schedule, cap, or hearing procedure. Fine authority and due-process steps come from the declaration/bylaws (33 M.R.S. § 1603-116; § 1603-106 bylaws). (§ 1603-116, § 1603-106)
There is no Maine-law fine cap (unlike California's $100 cap) and no statutory pre-fine hearing requirement for condominiums. (verify — due-process protections are governed by the governing documents and general contract/fairness principles, not a specific statute.)
Because there is no statutory ceiling, an association's power to fine and its procedures should be checked against its own recorded bylaws and rules, which control.
Non-condo HOAs: fine authority is entirely a creature of the declaration/bylaws; there is no Maine statute on point.

Assessments, liens & foreclosure

Assessment lien: the association has a lien on a unit for any assessment or fine that becomes due; the lien arises automatically and no recordation is required to perfect it (33 M.R.S. § 1603-116). (§ 1603-116)
General priority: the lien is prior to most other encumbrances except (1) liens/encumbrances recorded before the declaration, (2) a first mortgage recorded before or after delinquency, and (3) liens for real estate taxes and governmental charges (33 M.R.S. § 1603-116). (§ 1603-116)
6-month "super-priority": a lien securing "priority amounts" is prior to a first mortgage. "Priority amounts" means the association's regular assessments under a periodic budget that would have become due during the 6-month period immediately before the association starts a lawsuit to enforce the lien, plus the association's costs and reasonable attorney's fees — and excludes special assessments, late charges, fines, penalties, and interest (33 M.R.S. § 1603-116, added by P.L. 2015 / L.D. 994). (§ 1603-116, L.D. 994 / HP 689)
Foreclosure: the association's lien may be foreclosed in like manner as a mortgage on real estate (33 M.R.S. § 1603-116). (§ 1603-116)
Time limit: a lien for unpaid assessments is extinguished unless enforcement proceedings are instituted within 6 years after the full amount becomes due (33 M.R.S. § 1603-116). (§ 1603-116)
On request, the association must furnish a recordable statement of unpaid assessments within 10 business days; the prevailing party in an enforcement action recovers costs and reasonable attorney's fees (33 M.R.S. § 1603-116). (§ 1603-116)

Records access

Right to inspect: all records retained by the association must be available for examination and copying by a unit owner or authorized agent during reasonable business hours (or a mutually convenient time), on 10 days' written notice reasonably identifying the records sought (33 M.R.S. § 1603-118). (§ 1603-118)
Withholding: records may be withheld to the extent they concern personnel/salary/medical records, commercial transactions currently being negotiated, or existing or potential litigation/mediation/arbitration/administrative proceedings (33 M.R.S. § 1603-118). (§ 1603-118)
Cost: the association may charge a reasonable fee for copies and may supervise the inspection (33 M.R.S. § 1603-118). (§ 1603-118)
Non-condo HOAs: records rights come from the declaration/bylaws and Title 13-B (nonprofit corporation books-and-records provisions), not § 1603-118.

Reserves & budgets

Annual budget: after the first assessment, assessments must be made at least annually based on a budget adopted at least annually by the association (33 M.R.S. § 1603-115). (§ 1603-115)
Budget ratification by owners: within 30 days after adopting a proposed budget, the board must give owners a summary and set a ratification meeting 10–30 days after mailing; the budget is ratified unless a majority of all unit owners reject it (whether or not a quorum is present). If rejected, the last ratified budget continues (33 M.R.S. § 1603-115). (§ 1603-115)
Special assessments must be ratified by owners the same way; if any portion is due after the current budget year, ratification requires approval of a majority in interest of all unit owners (33 M.R.S. § 1603-115). (§ 1603-115)
No statutory reserve-study mandate: Maine's Condominium Act does not require a periodic reserve study or reserve funding plan (contrast California's 3-year reserve-study rule). Reserve practices are governed by the declaration/bylaws. (verify — no reserve-study statute located.)

Architectural control

The Condominium Act has no general architectural-review statute; authority over additions, alterations, and improvements comes from the declaration and bylaws (see 33 M.R.S. § 1603-106 on bylaws). (§ 1603-106)
Where the governing documents give the board approval authority, the specific process, standards, and any approval timeline are set by those documents, not by statute. (verify any timeline claimed in a specific community's rules.)
EV-charger applications must be processed the same way as an application for "an addition, alteration or improvement" — the one place the Act now ties architectural review to a statutory duty (33 M.R.S. § 1603-106, per L.D. 1133, eff. Jan. 1, 2026). (L.D. 1133 summary)

Protected activities (what an association generally cannot prohibit)

Solar energy devices: a declaration, bylaw, rule, or deed restriction may not prohibit a person from installing or using a solar energy device on residential property they own (or a solar clothes-drying device on leased/rented residential property). Only reasonable restrictions for public health/safety, protecting buildings from damage, historic/aesthetic values (with a comparable alternative), or shoreland zoning are allowed (33 M.R.S. § 1423). (§ 1423)
Political signs: an association may not prohibit a unit owner from displaying, on the owner's unit, a sign supporting or opposing a candidate or referendum question during the window from 6 weeks before through 1 week after the election (33 M.R.S. § 1603-106(c)). (§ 1603-106)
EV charging stations: effective January 1, 2026, condominium and residential associations may not prohibit or unreasonably restrict an owner from installing/using an EV charger in the owner's unit or owned/limited-common-element parking space; owners bear installation/maintenance/removal costs (L.D. 1133, signed June 12, 2025). (L.D. 1133, The Maine Wire)
No separate Maine statute was located protecting the U.S. flag display, religious door displays, clotheslines (beyond the solar clothes-drying device above), or native/drought landscaping for associations. (verify — these California-style protections do not appear to have Maine equivalents.)

Fair housing & assistance animals

The Maine Human Rights Act (MHRA), 5 M.R.S. §§ 4581 et seq., and the federal Fair Housing Act prohibit housing discrimination, including on the basis of physical or mental disability, and apply to associations acting as housing providers (§ 4581-A, § 4582-A).
Assistance animals: it is unlawful to refuse to permit the use of an assistance animal, or otherwise discriminate against a person with a disability who uses one, unless the animal poses a direct threat to health/safety or would cause substantial property damage; use of an assistance animal may not be conditioned on a fee or security deposit (though the owner is liable for actual damage) (5 M.R.S. § 4582-A). (§ 4582-A)
Associations must also permit reasonable modifications of the premises necessary for a disabled person's full enjoyment (5 M.R.S. § 4582-A). (§ 4582-A)
Complaints are handled by the Maine Human Rights Commission (MHRC fair housing).

Required disclosures

Resale certificate: before executing a sale contract (or otherwise before conveyance), a unit owner must give the purchaser the declaration (less plats/plans), bylaws, rules, and a reasonably current certificate (33 M.R.S. § 1604-108). (§ 1604-108)
Certificate contents include: any right of first refusal/restraint on alienation; the monthly common-expense assessment and any unpaid/special assessments due; other fees; anticipated capital expenditures; reserve balances and designated projects; the most recent balance sheet and income/expense statement; the current operating budget; unsatisfied judgments and pending litigation; insurance descriptions; known declaration/code violations; and leasehold terms (33 M.R.S. § 1604-108). (§ 1604-108)
Association's duty: on a unit owner's request and payment of a reasonable fee, the association must furnish the certificate within 10 days; the purchaser is not liable for assessments exceeding the amount stated, and the contract is voidable if the certificate is not provided (33 M.R.S. § 1604-108). (§ 1604-108)
Non-condo HOAs: the § 1604-108 resale-certificate regime does not apply; resale disclosure depends on the declaration and general real-estate disclosure law. (verify.)

Dispute resolution

The Condominium Act contains no mandatory internal dispute resolution (IDR) or pre-suit ADR/mediation requirement for associations (contrast California's IDR/ADR mandates). Disputes are litigated under the declaration/bylaws and general Maine law. (verify — no IDR/ADR statute located in the Act.)
Lien-enforcement and other actions proceed in court; § 1603-116 awards costs and reasonable attorney's fees to the prevailing party in a lien enforcement action (33 M.R.S. § 1603-116). (§ 1603-116)
Parties may voluntarily use mediation/arbitration if their governing documents so provide, but no statute compels it. (verify the governing documents.)

Recent changes (2023–2026)

L.D. 1133 (P.L. 2025), signed June 12, 2025, effective January 1, 2026: establishes a "right to charge" — condominium and residential associations may not prohibit or unreasonably restrict EV-charging-station installation/use in an owner's unit or parking space, and applications are processed like an addition/alteration application. (L.D. 1133, The Maine Wire) (verify final codified section within the Condominium Act.)
6-month priority-lien provision (L.D. 994, P.L. 2015): added the "priority amounts" super-priority (6 months of regular assessments + costs/fees) ahead of a first mortgage in § 1603-116 — the backbone of association collections; still current. (L.D. 994)
L.D. 1332 (P.L. 2011, ch. 368): amended the Act to let the association assign its right to future income (incl. assessments) with majority owner approval and revised association record requirements. (P.L. 2011 ch. 368) (older than the 2023–2026 window; included for lien/records context.)
No 2023–2026 Maine legislation was located creating a comprehensive statute for non-condominium HOAs; that gap persists. (verify against the current session's enacted bills.)

Sources

Maine Condominium Act, Title 33 ch. 31 (TOC) — https://legislature.maine.gov/statutes/33/title33ch31sec0.html ; full-text PDF — https://legislature.maine.gov/statutes/33/title33ch31.pdf
§ 1601-102 Applicability — https://legislature.maine.gov/statutes/33/title33sec1601-102.html
§ 1603-101 Organization of association — https://www.mainelegislature.org/legis/statutes/33/title33sec1603-101.html
§ 1603-106 Bylaws (political signs, EV) — https://legislature.maine.gov/statutes/33/title33sec1603-106.html
§ 1603-108 Meetings — https://legislature.maine.gov/statutes/33/title33sec1603-108.html
§ 1603-115 Assessments for common expenses (budget ratification) — https://legislature.maine.gov/statutes/33/title33sec1603-115.html
§ 1603-116 Lien for assessments (6-month priority, foreclosure, 6-year limit) — https://legislature.maine.gov/statutes/33/title33sec1603-116.html
§ 1603-118 Association records — https://legislature.maine.gov/statutes/33/title33sec1603-118.html
§ 1604-108 Resales of units (resale certificate) — https://www.mainelegislature.org/legis/Statutes/33/title33sec1604-108.html
§ 1423 Solar energy devices — https://www.mainelegislature.org/legis/statutes/33/title33sec1423.html
L.D. 994 / HP 689 (6-month priority lien) — https://legislature.maine.gov/legis/bills/bills_127th/billtexts/HP068901.asp
L.D. 1332 / P.L. 2011 ch. 368 (income assignment, records) — https://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC368.asp
L.D. 1133 (EV charging, 2025) — https://trackbill.com/bill/maine-legislative-document-1133-an-act-to-allow-electric-vehicle-charging-stations-by-condominium-and-residential-associations/2701483/ ; analysis — https://www.meeb.com/marcus-errico-emmer-brooks-newsletter/maine-charing2025 ; https://www.themainewire.com/2025/06/residential-and-condo-associations-in-maine-can-no-longer-ban-members-from-installing-ev-chargers/
Maine Nonprofit Corporation Act, Title 13-B (non-condo HOAs) — https://legislature.maine.gov/statutes/13-B/title13-Bch0sec0.html
Maine Human Rights Act (fair housing) — § 4581-A https://legislature.maine.gov/legis/statutes/5/title5sec4581-A.html ; § 4582-A https://www.mainelegislature.org/legis/statutes/5/title5sec4582-A.html ; Maine Human Rights Commission https://www.maine.gov/mhrc/laws-guidance/housing

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Frequently asked questions

What laws govern HOAs in Maine?

Maine Condominium Act, 33 M.R.S. §§ 1601-101 – 1604-118 governs condominiums created on or after January 1, 1983; it is derived from the Uniform Condominium Act (a UCIOA precursor) and covers creation, management, assessments, liens, and resale disclosure (Title 33 ch. 31 TOC). - Older condominiums (created before the Act) may still be governed in part by the earlier Unit Ownership Act. (§ 1601-102)

Can a Maine HOA fine a homeowner, and what process is required?

The Condominium Act contemplates fines — § 1603-116 makes an assessment lien available for "fines imposed against [a] unit owner" — but the Act sets no statutory fine schedule, cap, or hearing procedure. Fine authority and due-process steps come from the declaration/bylaws (33 M.R.S. § 1603-116; § 1603-106 bylaws). (§ 1603-116, § 1603-106) - There is no Maine-law fine cap (unlike California's $100 cap) and no statutory pre-fine hearing requirement for condominiums.

What are the board meeting and notice rules for Maine HOAs?

Annual meeting: a meeting of the association must be held at least once each year; special meetings may be called as provided in the bylaws / Nonprofit Corporation Act (33 M.R.S. § 1603-108). (§ 1603-108) - Notice of meetings: the bylaws must require an officer to deliver notice not less than 10 nor more than 60 days before any meeting, by hand delivery, prepaid U.S. mail, or electronic means to a designated address (33 M.R.S. § 1603-108). (§ 1603-108)

What HOA records can Maine homeowners inspect?

Right to inspect: all records retained by the association must be available for examination and copying by a unit owner or authorized agent during reasonable business hours (or a mutually convenient time), on 10 days' written notice reasonably identifying the records sought (33 M.R.S. § 1603-118).

When can a Maine HOA place a lien or foreclose over unpaid assessments?

Assessment lien: the association has a lien on a unit for any assessment or fine that becomes due; the lien arises automatically and no recordation is required to perfect it (33 M.R.S. § 1603-116). (§ 1603-116) - General priority: the lien is prior to most other encumbrances except (1) liens/encumbrances recorded before the declaration, (2) a first mortgage recorded before or after delinquency, and (3) liens for real estate taxes and governmental charges (33 M.R.S.

Does HOA software make a Maine board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.