Maine HOA Laws

In Maine, homeowners associations must understand the various state laws that affect HOAs. Failure to comply with these Maine HOA laws can land the association in legal trouble.


Maine Condominium Act

The Maine Condominium Act offers legal guidance for the formation, alteration, management, and dissolution of condominiums. This Act applies to condominiums established after January 1, 1983. Condominiums established before that date can be subjected to this Act provided they make amendments to their instruments to indicate so.

You can find the Maine Condominium Act under Title 33, Chapter 31 of the Maine Revised Statutes. It consists of four articles, each one divided further into sections.

Article 1: General Provisions

Article 2: Creation, Alteration And Termination Of Condominiums

Article 3: Management Of The Condominium

Article 4: Protection Of Condominium Purchasers


Maine Unit Ownership Act

The Maine Unit Ownership Act is an older statute that offers a broader structure for overseeing the creation, operation, and management of condominiums established before January 1, 1983. Condominiums agree to abide by this Act through the recording of a declaration with the register of deeds in the county where the condominium resides.

You can find the Maine Unit Ownership Act under Title 33, Chapter 10 of the Maine Revised Statutes. It consists of two subchapters, each one divided further into sections.

Subchapter 1: Unit Ownership

Subchapter 1-A: Membership Camping


Maine HOA Laws on Corporate Governance

The Maine Nonprofit Corporation Act oversees non-profit corporations in relation to their procedure, structure, and management. A majority of homeowners associations function as non-profit corporations. Therefore, they are bound by the provisions contained within this Act.

You can find the Maine Nonprofit Corporation Act under Title 13-B of the Maine Revised Statutes. It consists of 13 chapters, each one divided further into sections.

Chapter 1: General Provisions

Chapter 2: Corporate Purposes And Powers

Chapter 3: Corporate Name; Registered Office And Agent; Service Of Process

Chapter 4: Organization Of Nonprofit Corporations

Chapter 6: Bylaws And Voting

Chapter 7: Directors And Officers

Chapter 8: Amendment Of Articles Of Incorporation

Chapter 9: Mergers And Consolidation

Chapter 10: Sale And Other Dispositions Of Corporate Assets

Chapter 11: Dissolution

Chapter 12: Foreign Corporations

Chapter 13: Annual Reports: Powers Of Secretary Of State; Excuse; Miscellaneous

Chapter 14: Fees


Maine HOA Laws on Solar Panels

Many homeowners associations restrict the use of solar panels because they don’t coincide with the architectural guidelines of the community. A homeowner who wishes to install solar panels in Maine, though, has certain rights. According to the HOA laws of Maine, homeowners associations can’t prohibit members from installing a solar energy device on their residential property. The same law applies to condominiums and unit owners associations.


Fair Housing

The Maine Human Rights Act protects persons from discrimination in housing and public accommodations, among other things. According to the Act, associations may not discriminate against persons based on their race, color, national origin, ancestry, sex, sexual orientation, religion, familial status, or physical or mental disability. Discrimination based on receipt of public assistance is also prohibited.

This Act offers state-level protections similar to the federal Fair Housing Act. Any victims of discriminatory acts or practices can file a complaint with the U.S. Department of Housing and Urban Development or the Maine Human Rights Commission. On the other hand, they can also file a lawsuit in federal or state court.

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