While there are no statutes that specifically regulate homeowners associations, there are some state laws that can still apply to them. Learn about the Nebraska HOA laws here.
There are two Acts that regulate condominium associations in Nebraska. The first is the Nebraska Condominium Property Act, which oversees the creation, operation, and management of condo regimes formed prior to January 1, 1984. The second is the Nebraska Condominium Act, which applies to condo regimes established after January 1, 1984.
You can find the Nebraska Condominium Property Act under Chapter 76 of the Nebraska Revised Statutes. It consists of 25 sections, namely:
You can find the Nebraska Condominium Act under Chapter 76 of the Nebraska Revised Statutes. It consists of four parts, each one divided further into sections.
The Nebraska Nonprofit Corporation Act regulates non-profit corporations when it comes to corporate procedure, structure, and management. Most of the associations in Nebraska are established as non-profits, which means they are governed by this Act.
You can find the Nebraska Nonprofit Corporation Act under Chapter 21, Article 19 of the Nebraska Revised Statutes. It consists of 17 parts, namely:
When a homeowners association dissolves in accordance with the Nebraska Nonprofit Corporation Act, it has the option to apply for reinstatement. The Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act defines the process for reinstatement and its requirements, which involves applying to the Secretary of State.
You can find the Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act under Chapter 18, Article 31 of the Nebraska Revised Statutes. It consists of five sections, listed below.
Under the HOA laws of Nebraska, when a homeowner fails to settle their dues, late fees, or interest, the HOA can attach a lien to their property. The association must record this lien with the county land records. This notice must include the dollar amount of the lien as well. The association can subsequently foreclose on this lien.
However, if an HOA places a lien on a property because of unpaid dues, it might enforce the lien within 3 years after the fees become due. Otherwise, the lien becomes void. Nebraska law allows homeowners to request a statement of their unpaid dues from the association. The HOA then has 10 business days to respond after receiving the request.
Much like other states, Nebraska has its own laws preventing housing discrimination. Under the Nebraska Fair Housing Act, associations may not discriminate against homeowners based on their race, color, national origin, religion, sex, handicap, or familial status. It resembles the provisions found in the federal Fair Housing Act.
Victims of housing discrimination can lodge a complaint with the U.S. Department of Housing and Urban Development or the Nebraska Equal Opportunity Commission. On the other hand, victims can also file a lawsuit in state or federal court.