§1603-101. Organization of unit owners’ association A unit owners’ association shall be organized prior to any conveyance, except a conveyance as security for an obligation, of a unit by the declarant. The membership of the association at all times shall consist exclusively of all the unit owners, or, following termination of the condominium, of all […]
§1603-102. Powers of unit owners’ association (a) Subject to the provisions of the declaration, the association may: (1) Adopt and amend bylaws and rules and regulations; [PL 1981, c. 699 (NEW).] (2) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners; [PL 1981, […]
§1603-103. Executive board members and officers; declarant control (a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of this Act, the executive board may act in all instances on behalf of the association. The declarant is a fiduciary for the unit owners with respect to actions taken or omitted […]
§1603-104. Transfer of special declarant rights (a) No special declarant rights, section 1601‑103, paragraph (25), created or reserved under this Act may be transferred except by a recorded instrument. The instrument is not effective unless executed by the transferee. [PL 1981, c. 699 (NEW).] (b) Upon transfer of any special declarant right, the liability […]
§1603-105. Termination of contracts and leases of declarant If entered into before the executive board elected by the unit owners pursuant to section 1603‑103, subsection (e), takes office: (1) Any management contract, employment contract or lease of recreational or parking areas or facilities; (2) any other contract or lease between the association and a declarant […]
§1603-106. Bylaws (a) The bylaws of the association must provide for: (1) The number of members of the executive board and the titles of the officers of the association; [PL 1981, c. 699 (NEW).] (2) Election by the executive board of a president, treasurer, secretary and any other officers of the association the […]
§1603-107. Upkeep of the condominium (a) Except to the extent provided by the declaration, subsection (b), or section 1603‑113, subsection (h), the association is responsible for maintenance, repair and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the […]
§1603-108. Meetings A meeting of the association must be held at least once each year. Special meetings of the association may be called as provided in the Maine Nonprofit Corporation Act. The bylaws must specify which of the association’s officers, not less than 10 nor more than 60 days in advance of any meeting, shall […]
§1603-109. Quorums (a) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. The bylaws may require […]
§1603-110. Voting; proxies (a) If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in […]
§1603-111. Tort and contract liability Neither the association nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not […]
§1603-112. Alienation of common elements (a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least 80% of the votes in the association, including 80% of the votes allocated to units not owned by a declarant, or any larger percentage the […]
§1603-113. Insurance (a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements, insuring against all risks of direct physical loss commonly insured against or, in the case […]
§1603-114. Surplus funds Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the unit owners in proportion to their common expense liability or credited to them to reduce their future common expense assessments. […]
§1603-115-A. Optional escrow of assessments (a) The association may require that a person who purchases a unit after October 1, 2009 make payments into an escrow account established by the association until the balance in the escrow account for that unit is equal to 6 months of assessments as established under section 1603‑115. [PL […]
§1603-115. Assessments for common expenses (a) Until the association makes a common expense assessment, the declarant shall pay all the common expenses. After any assessment has been made by the association, assessments thereafter must be made at least annually, based on a budget adopted at least annually by the association. [PL 1981, c. 699 […]
§1603-116. Lien for assessments (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise […]
§1603-117. Other liens affecting the condominium (a) A judgment for money against the association, if a lien order is filed with the Register of Deeds of the county where the condominium is located, as provided in Title 14, section 3132, as it or its equivalent may be amended or modified from time to time, is […]
§1603-118. Association records (a) An association must retain the following: [PL 2011, c. 368, §8 (NEW).] (1) Records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records for the past 6 years; [PL 2011, c. 368, §8 (NEW).] (2) Minutes of all meetings of its […]
§1603-119. Association as trustee With respect to a 3rd person dealing with the association in the association’s capacity as a trustee under section 1602‑118 and 1603‑113, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A 3rd person is not bound to inquire whether the association has […]
