Maine Condo Act vs HOA Act: Which Law Governs Your Community

Maine Condo Act vs HOA Act: Which Law Governs Your Community

Maine does not have a dedicated homeowners association statute that mirrors the condominium act. Instead, the state regulates condominiums under Title 33, Chapter 31 of the Maine Revised Statutes, known as the Maine Condominium Act. If you serve on a board of a traditional HOA that does not involve condominium ownership, your association operates under common law, your declaration of covenants, and your bylaws. The Maine Attorney General's office has jurisdiction over consumer protection complaints that may involve both condos and HOAs, but the legal structure differs sharply depending on whether your community is a condominium or a voluntary association.

How Maine Defines a Condominium

A condominium in Maine is a form of real estate ownership in which you own your unit individually and share ownership of common elements with other unit owners. The Maine Condominium Act governs the creation, management, and termination of condominiums. Your association must file a declaration with the county registry of deeds that establishes the condominium, describes each unit, and defines the common elements. If your community filed a condominium declaration, you are subject to the Maine Condominium Act and must follow its provisions on meetings, assessments, and board authority.

A homeowners association, by contrast, is a voluntary membership organization created by a declaration of covenants that runs with the land. You own your lot in fee simple, and the association does not involve shared ownership of units. Maine has no single statute that governs HOAs the way it governs condominiums. Your HOA operates under the terms of your declaration, your bylaws, and general principles of corporate and contract law.

Why the Distinction Matters for Your Board

If your association is a condominium, the Maine Condominium Act sets mandatory rules on quorum, voting, and the content of your bylaws. For example, the act requires that unit owners have the right to inspect association books and records. If your association is an HOA without condominium status, you have more flexibility but also less statutory guidance. Your declaration and bylaws control almost every aspect of governance, and courts interpret those documents under common law principles.

The enforcement mechanism also differs. A condominium unit owner can bring a claim under the Maine Condominium Act and may recover attorney fees if the board violated a statutory duty. An HOA member who disputes a board decision typically must rely on breach of contract or breach of fiduciary duty claims, which require different proof and may not include a fee shifting provision.

A Common Mistake Maine Boards Make

Many boards assume that because they manage a residential community with common areas, they are governed by the same law as a condominium. This assumption leads to errors when a board tries to enforce a rule or levy an assessment without checking whether the authority exists in the governing documents. For instance, a board in a traditional HOA in southern Maine attempted to impose a special assessment in 2022 using a notice procedure it copied from a neighboring condominium association. When members challenged the assessment, the board discovered that its declaration required a two thirds vote of members, not a board resolution. The association had to restart the process, delaying repairs to the community clubhouse by six months.

Another frequent error occurs when boards adopt amendments to their governing documents without following the correct procedure. The Maine Condominium Act specifies how you amend a condominium declaration and bylaws. If your association is an HOA, you must follow the amendment procedure in your own documents, which may be more or less restrictive than the condominium act.

How to Determine Which Law Governs Your Community

Pull your community's declaration from the county registry of deeds where your property is located. Read the first few pages. If the declaration uses the word condominium and references the Maine Condominium Act or Title 33, Chapter 31, your association is a condominium. If the declaration uses terms like covenants, restrictions, and easements but does not mention condominium ownership or unit boundaries, your association is an HOA.

You can also check the title to your property. A condominium unit owner holds title to a specific unit number within a condominium project. An HOA member holds title to a lot or parcel with a street address, and the association holds title to common areas separately.

If you are uncertain after reviewing these documents, consult your attorney for your specific situation. Misidentifying your association type can lead to procedural errors, invalid votes, and disputes that cost thousands in legal fees.

What Maine Boards Should Do Next

Locate your declaration and bylaws. Read the sections that describe your association's legal structure and the source of your board's authority. If your documents reference the Maine Condominium Act, confirm that your current practices comply with the act's requirements for meetings, voting, and record access. If your documents do not reference the act, confirm that you are following the amendment, assessment, and enforcement procedures spelled out in your bylaws.

Create a governance checklist that lists every action your board must take during the year, such as annual meetings, budget approval, and insurance renewals. Cross reference each item with the authority in your declaration or the Maine Condominium Act, depending on your association type. Update your checklist whenever you amend your governing documents.

Maine's coastal and inland communities face distinct challenges. In Cumberland County, where more than 60 percent of the state's condo units are concentrated, boards manage salt exposure and storm surge risks that require frequent special assessments. Inland HOAs in areas like Penobscot County deal with septic system maintenance and road plowing disputes. Regardless of location, knowing which body of law governs your community is the first step in avoiding the mistake of applying the wrong legal standard to a governance decision.

How Manorway Supports Maine Boards

Manorway's AI assisted platform helps you store your declaration, bylaws, and amendments in one place and flags governance tasks based on the type of association you manage. You can set reminders for meeting notice deadlines, track votes, and maintain a record of board resolutions that comply with your governing documents. When your board uses a system that organizes your documents and deadlines, you reduce the risk of applying the wrong rule or missing a statutory requirement.

If you serve on a Maine condo or HOA board, take time this month to confirm which body of law governs your association. The distinction between the Maine Condominium Act and common law HOA governance is not academic. It shapes every decision you make, from how you call a meeting to how you enforce a rule. Get it right, and you protect your board and your community.