A guide to the Maine Condominium Act: Everything you need to know

What is the Maine Condominium Act?

The Maine Condominium Act is a set of laws that governs the formation, management, and termination of condominiums in the state. Found in Title 33, Chapter 31 of the Maine Revised Statutes, the Act provides a legal framework for how condominium communities are created and operated. Key provisions include:

• §1602-101 Creation of condominium: Outlines the steps needed to officially establish a condominium, including filing a declaration and related documents with the Registry of Deeds.
   
• §1602-105 Contents of declaration: Lists the required elements of a declaration, such as the condominium’s name, legal description, unit boundaries, and any rights reserved by the declarant.
   
• §1603-103 Executive board members and officers: Defines the makeup and authority of the board, including how long a declarant (usually the developer) may retain control before turning it over to unit owners.
   
• §1603-107 Upkeep of the condominium: Clarifies who is responsible for maintaining common elements and individual units, a key issue for budgeting and daily operations.
   
• §1604-108 Resales of units: Details what information must be disclosed to potential buyers, such as fees, governing documents, and any pending special assessments.
   
• §1602-118 Termination of condominium: Explains how a condominium may be legally dissolved and how assets and interests are divided if that occurs.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What rights do condo owners have under the Maine Condominium Act?

Condo owners in Maine have specific rights under the Maine Condominium Act, including the right to vote in association matters, access financial records, and receive disclosures before purchasing a unit.

The Act guarantees owners the right to participate in decisions that affect their property and the community. For example, unit owners elect the executive board and may be entitled to vote on budgets, rule changes, and major expenditures. Section §1603-103 describes how the board is structured and what powers it holds.

Owners also have the right to inspect records maintained by the association, including certain meeting minutes, financial statements, and governing documents. If an owner is selling their unit, the buyer must be provided with key information under Section §1604-108, including fees, assessments, and rules. Other rights include fair notice of meetings and rule changes, protection against arbitrary rule enforcement, and legal recourse in the event of disputes.
 

What is the Maine Unit Ownership Act?

The Maine Unit Ownership Act is an older statute that governed condominiums created before the adoption of the Maine Condominium Act. It is found in Title 33, Chapter 10 of the Maine Revised Statutes and applies only to properties that opted not to transition to the newer Act. Unlike the Maine Condominium Act, which is modeled after the Uniform Condominium Act used in many other states, the Unit Ownership Act contains less detailed guidance and fewer protections for unit owners. Condominiums created under the Unit Ownership Act can amend their declarations and bylaws to opt into the Maine Condominium Act. Many communities have chosen to do so for added legal clarity and more structured governance.
 

Other Maine condo and HOA laws to understand

In addition to the Maine Condominium Act, there are other laws that can affect condo associations and HOAs in the state. Boards and managers should be familiar with:

• Maine Nonprofit Corporation Act: Applies to associations organized as nonprofit corporations.
   
• Maine Human Rights Act: Prohibits discrimination in housing, including condo rules that may affect accessibility or protected classes.
   
• Municipal zoning laws: Affect how condo properties can be developed or modified.
   
• Contract and tort law: May apply in cases involving negligence, construction defects, or disputes between unit owners and the board.

Understanding these additional legal frameworks is important when interpreting the Maine Condominium Act, as many decisions require compliance with multiple areas of law.
 

How is a condominium created under the Maine Condominium Act?

Under the Maine Condominium Act, a condominium is created when the owner of a property, known as the declarant, prepares and records a special legal document called a declaration. This declaration must be recorded at the local registry of deeds in the county where the property is located. The declaration includes a detailed legal description of the land and buildings involved, defines the units that will belong to individual owners, and explains the common areas that all owners share.

Along with the declaration, the declarant must also prepare and record a set of floor plans or plats. These show the layout and boundaries of each unit and the common areas. Together, the declaration and plats legally establish the condominium. Once recorded, the land and buildings become governed by condominium laws, and the property can then be sold or transferred as separate units with shared rights and responsibilities.
 

How are condominiums managed under the Maine Condominium Act?

Condominiums in Maine are managed by a unit owners association and an executive board, as required by the Maine Condominium Act. The board has the authority to make decisions on behalf of the community, including approving budgets, hiring vendors, and enforcing rules.

Key responsibilities include:

• Maintaining common areas
   
• Collecting dues and assessments
   
• Holding regular meetings and elections
   
• Preparing and distributing financial reports
   
• Complying with the declaration and bylaws

Generally, owners are responsible for their units, while the association handles common elements.
 

What does the Maine Condominium Act mean for board members?

Board members have legal responsibilities under the Maine Condominium Act. They are expected to act in good faith, follow the community's governing documents, and comply with all applicable laws. Serving on a board means making decisions that affect the entire condominium. Members must balance owner concerns, financial needs, and regulatory obligations. Having a clear understanding of the Maine Condominium Act helps board members carry out their duties and reduce legal risk.

Professional management companies can support boards by preparing budgets, coordinating maintenance, and keeping the community in compliance with the Act. If your condominium is self-managed, consider working with a firm that has experience with Maine condominium law.
 

About FirstService Residential

FirstService Residential is a leading condo management company serving condominium communities across North America. We provide tailored support to boards, owners, and developers, with deep expertise in local laws, including the Maine Condominium Act. Our team offers full-service management, including financial planning, maintenance coordination, compliance support, and resident communication. Contact us today to learn how we can support your Maine condo community.