Maine HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Maine HOA Law Changes 2021–2025</h2>

<p>Maine community associations are governed by the Maine Condominium Act (33 M.R.S. § 1601-101 et seq.) and the Maine Common Ownership Community Act. Between 2022 and 2025, Maine enacted several important updates affecting electronic meeting and voting authority, solar energy rights in common ownership communities, mandatory reserve studies, foreclosure protections, and member record inspection rights. Here is a session-by-session breakdown.</p>

<h2>2022 Legislative Session</h2>

<h3>LD 1931 — Electronic Meetings and Voting Rights</h3>

<p>LD 1931 amended Maine's Condominium Act and Common Ownership Community Act to expressly authorize electronic meeting participation and electronic voting. Associations may conduct board meetings and unit owner meetings by video conference or hybrid format — with some participants attending in person and others participating remotely. Electronic balloting for board elections and member votes is authorized with adoption of a written electronic voting policy. Remote participants must be able to hear all discussion and must be identified on the record. This change gave Maine associations the legal certainty needed to conduct electronic meetings without exposure to procedural challenges from members.</p>

<h3>LD 2002 — Solar Energy Rights in Common Ownership Communities</h3>

<p>LD 2002 enacted 33 M.R.S. § 1602-118(a)(3), prohibiting Maine common ownership community associations from adopting any restriction that prohibits solar energy installations on a unit owner's property. Community solar arrangements — where the association installs rooftop solar on common element roofs and allocates net metering credits to unit owners — are expressly authorized and encouraged for Maine communities seeking to reduce energy costs. Given Maine's significant heating oil dependence and the cost advantages of electrification, community solar on common rooftops is an increasingly viable option for Maine condo and HOA boards. Boards interested in community solar should engage a licensed solar developer for a feasibility assessment.</p>

<h2>2023 Legislative Session</h2>

<h3>LD 1473 — Reserve Fund Study and Disclosure</h3>

<p>LD 1473 required Maine condominium associations with 20 or more units to conduct a reserve study within 3 years of the act's effective date and update the study at least every 5 years. The reserve study must assess all major common elements — building envelope, roofing, mechanical systems, parking surfaces, recreational facilities — and estimate the funding needed over a 20-year projection horizon. The study must be performed by a licensed professional engineer, licensed architect, or certified reserve analyst. Annual reserve fund status disclosures must be provided to all unit owners and must include the current funded percentage relative to the study's target. Maine boards that have never commissioned a professional reserve study must engage a qualified analyst promptly.</p>

<h3>LD 1706 — Foreclosure Protections and Assessment Cure</h3>

<p>LD 1706 added significant protections for Maine unit owners facing condominium assessment foreclosure. Associations must now provide a 45-day pre-suit cure notice by certified mail — longer than most states' 30-day standard — before initiating foreclosure. The cure notice must itemize all amounts owed including principal assessments, late fees, interest, and all collection costs accrued to date. Associations may not initiate foreclosure for a delinquency of less than $1,500 in principal assessments, providing a floor below which foreclosure is not available as a remedy. Additionally, associations must offer a written payment plan to any owner who requests one within the 45-day cure period — and foreclosure may not proceed while an owner is in compliance with an approved payment plan.</p>

<h2>2025 Legislative Session</h2>

<h3>LD 847 — HOA Record Inspection and Transparency</h3>

<p>LD 847 established a statutory right for members of Maine common ownership communities to inspect financial records, meeting minutes, and governing documents within 10 business days of a written request. Boards may redact personal contact information of individual members from the records produced, but must produce all financial records, contracts with vendors and management companies, board meeting minutes, and governing documents in unredacted form. Associations that fail to respond to timely inspection requests may be ordered by a court to produce the records and to pay the requesting member's attorney fees. This statute significantly strengthens the enforcement mechanism for Maine members' record access rights.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt a written electronic meeting and voting policy enabling video conference and electronic ballot</li>

<li>Audit CC&amp;Rs for solar installation prohibitions — repeal any outright bans under 33 M.R.S. § 1602-118(a)(3)</li>

<li>Commission a reserve study if your association has 20+ units and the study is more than 3 years old</li>

<li>Include annual reserve fund status disclosures in member communications, including the funded percentage</li>

<li>Update collections policy to require 45-day certified mail pre-foreclosure notice and $1,500 minimum delinquency</li>

<li>Establish a written payment plan offer procedure — offer plans before initiating foreclosure action</li>

<li>Implement a 10-business-day record inspection response procedure</li>

</ul>

<h2>How APM Helps Maine HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service tracks Maine HOA and condominium law updates and provides client boards with compliance guidance on reserve studies, foreclosure notice procedures, solar policies, and record access. <a href="/remote-hoa-management/maine">Learn about our Maine remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Maine attorney for guidance specific to your community.</em></p>