Maine Statewide Rule

Maine Condominium & HOA Assessment Collection Rules

Some RestrictionsApplies statewide across Maine (2026)

Key Facts

Condo statute: 33 M.R.S. § 1603-116
Foreclosure method: Like a mortgage on real estate
First-mortgage priority: First mortgage stays senior: no super-priority
Lien limitation period: 6 years to enforce
Non-condo HOA basis: Declaration + Title 13-B

Last verified: September 5, 2026

Summary

Maine condominium associations get an automatic statutory assessment lien on each unit under 33 M.R.S. § 1603-116. Non-condo HOAs have no general statute and rely on their recorded declaration plus Title 13-B nonprofit corporation law to assess and collect dues.

(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.

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Full Breakdown

Under the Maine Condominium Act, § 1603-116(a) gives the association 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," and that lien "may be foreclosed in like manner as a mortgage on real estate." Recording the declaration perfects the lien automatically. Importantly, § 1603-116(b) makes the lien prior to most encumbrances EXCEPT a first mortgage recorded before or after delinquency. Maine did NOT enact a 6-month super-priority over first mortgages. The lien is extinguished unless enforced within 6 years. Non-condominium HOAs depend entirely on their declaration and Title 13-B.

Violations & Penalties

Unpaid condo assessments accrue as a lien foreclosable like a mortgage; the association may also recover costs and reasonable attorney's fees (§ 1603-116(g)). Non-condo HOA remedies are whatever the recorded declaration provides.

Frequently Asked Questions

Can a Maine condo association foreclose on my unit for unpaid dues?

Yes. 33 M.R.S. § 1603-116(a) lets the association foreclose its assessment lien "in like manner as a mortgage on real estate." The lien attaches automatically when assessments become due.

Does the condo lien beat my mortgage in Maine?

No. Unlike some states, Maine § 1603-116(b) keeps a first mortgage senior to the association lien whether recorded before or after delinquency. Maine did not enact a 6-month super-priority.

What law governs assessments in a non-condo Maine HOA?

There is no general Maine HOA assessment statute. Collection rights come from the recorded declaration/CC&Rs and the Maine Nonprofit Corporation Act, Title 13-B.

Sources

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