If you want to ensure that your homeowners association remains compliant with state law, then you will need to ensure that you have a good understanding of these laws. In this article, we aim to provide a roadmap, guiding you to the applicable statutes and pointing you in the right direction.

Understanding Homeowners Associations

Homeowners associations, also known as community or unit owners associations, are private entities that are created to maintain common areas and shared elements, such as parks, roadways, swimming pools, and more.

Although HOAs are private organizations, they are regulated by the Maine government and are also bound by the terms of their own governing documents.

Homeowners associations in Maine are implemented to uphold property values by creating and enforcing certain rules and standards designed to ensure that there is uniformity and cohesiveness in the community.

Understanding Maine laws is important to ensure that HOAs are not taken to federal or state court for non-compliance.

An Overview of Maine HOA Laws and Regulations

With that, let's get into the state laws that will govern unit owners associations in Maine.

Maine Nonprofit Corporations Act

The truth is that most homeowners associations in Maine are classified as nonprofit corporations and will, therefore, be subject to this legislation. This act governs nonprofit corporations in terms of their corporate framework and procedures.

Maine Unit Ownership Act

This is an older regulation that establishes a general framework for the establishment, leadership, and use of condominium property formed prior to the first of January 1983.

By filing a declaration with the relevant register of deeds, a condominium property agrees to follow the rules and regulations set out by this chapter.

Maine Condominium Act Article 1-4

The Maine Condominium Act was designed to offer a legal framework for the formation, modification, and dissolution of condominiums, as well as for the administration of such entities, in addition to condominium purchasers' protection.

It is applicable to all condominiums founded after the first of January 1983 and to those condos created prior to that date that change the instruments committing the association to the provisions of this legislation.

Maine Human Rights Act

Homeowners' rights are protected by the Human Rights Act, which prohibits discrimination with regard to housing, employment, and more. Section 4581-A of this act provides state-level protections and ensures that all individuals have equal access to all housing opportunities, regardless of the following: 

  • Religion
  • Familial status
  • Ancestry
  • National Origin
  • Physical or mental disability
  • Gender
  • The receipt of public assistance
  • Sexual orientation
  • Color
  • Race

Fines and Charges

Homeowners associations in Maine have the power to charge homeowners fines for failing to abide by its rules and regulations or for paying their dues late. The HOA's governing documents will specify the type and amount that will be charged.

However, it's important to remember that homeowners may not be banned from installing solar energy devices, and they are permitted to raise the national flag as long as this is done in conformance with the federal flag display law.

Liens and Foreclosures

If a homeowner fails to pay their assessments, an HOA can place a lien on the property, and should this lien go unaddressed, the association can foreclose on the home.

About DoorLoop's HOA Management Tools

Ensuring that your HOA complies with the laws and regulations set out by state legislation depends on your ability to manage your workflow effectively, create and maintain flawless records, schedule meetings, and communicate with vendors and members.

Without the proper tools, this can seem incredibly overwhelming. Fortunately, DoorLoop is designed to make your life easier. With a complete set of tools designed especially for unit owners association managers, executives, and board members, you can rest assured that you have everything you need to succeed.

Trying to store your records on separate platforms can make traceability and keeping track of things more challenging. DoorLoop's HOA management software has been specially created to help you receive and keep track of fee payments.

You also gain access to a powerful set of accounting tools that can help you prepare budgets and financial statements with ease.

To learn more about our intuitive software or request your FREE demo, get in touch with us today!

The Bottom Line

It's important to have a comprehensive understanding of Maine law if you hold a leadership role in a homeowners association. In this article, we have provided a guide or roadmap to point you in the right direction.

You will need to do additional research. We advise consulting a qualified attorney who can provide legal advice and ensure that your HOA complies with the requirements set out by the law.

DoorLoop is here to ensure that Maine associations have everything they need to comply with this legislation, so be sure to give our HOA management software a try and see what it can do for you!

Frequently Asked Questions

1. Are homeowners in Maine protected from unfair debt collection practices?

Yes. The Federal Fair Debt Collection Act and the Maine Fair Debt Collection Practices Act safeguard homeowners against unfair, abusive, or misleading practices when debts are being collected.

2. Can a Maine HOA prohibit the use of solar energy?

No. The law makes it illegal for HOAs to prohibit the use of solar energy.

3. What responsibilities do homeowners associations in Maine have?

HOAs must maintain proper financial records and ensure that these documents are available to all members. They are also responsible for scheduling regular meetings and ensuring that all common areas are maintained.

4. Is HOA membership mandatory in Maine?

Yes. If a new homeowner moves to a neighborhood that's regulated by a homeowners association, he or she is obligated to join.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!