Nebraska Statewide Rule
Nebraska HOA & Condo Board Procedures and Record Access (Neb. Rev. Stat. §§ 76-861, 76-876)
Key Facts
- Condo board statute
- Neb. Rev. Stat. § 76-861 (executive board; standards; removal)
- Board removal
- Two-thirds owner vote, with or without cause (§ 76-861)
- Condo records
- 'Reasonably available for examination by any unit owner' (§ 76-876)
- Non-condo records
- Member inspection on 5-business-day written demand (§ 21-19,166)
- Refusal remedy
- District court may order inspection at corporation's expense (§ 21-19,166)
Summary
For condominiums, the Nebraska Condominium Act governs the executive board (Neb. Rev. Stat. § 76-861) and requires records to be 'reasonably available for examination by any unit owner' (§ 76-876). Non-condo HOAs follow the Nebraska Nonprofit Corporation Act, which lets members inspect corporate records on a five-business-day written demand (§ 21-19,166).
Executive board; members and officers; powers and duties; condominium statement; filing with register of deeds. (a) Except as provided in the declaration, the bylaws, subsection (b) of this section, or other provisions of the Nebraska Condominium Act, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are required to exercise ordinary and reasonable care. (b) The executive board may not act on behalf of the association to commence litigation on behalf of the unit owners or the unit owners association, to amend the declaration pursuant to section 76-854 , to terminate the condominium pursuant to section 76-855 , or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members pursuant to subsection (f) of this section, but the executive board may fill vacancies in its membership for the unexpired portion of any term. (c) Within thirty days after adoption of any proposed budget for the condominium, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than thirty days after mailing of the summary.
Full Breakdown
Condominiums: Section 76-861 sets executive-board governance, members must use 'ordinary and reasonable care,' the board cannot start litigation, amend the declaration, or terminate the condominium without owner authorization, and unit owners may remove a non-declarant board member 'with or without cause' by a two-thirds vote at a meeting with a quorum. The board must give owners notice of an adopted budget and a ratification meeting, and the budget is ratified unless a majority rejects it. Section 76-876 requires the association to keep detailed financial records and provides that 'all financial and other records of the association shall be made reasonably available for examination by any unit owner and his or her authorized agents' (court annotations treat this as an examination right, not a copying right).
Non-condo HOAs: governed by the Nonprofit Corporation Act; under § 21-19,166 a member who gives at least five business days' written notice may inspect and copy specified corporate records, and a district court may order inspection if access is refused.
Violations & Penalties
No fixed statutory fine. A condo owner denied record access or proper governance enforces §§ 76-861 and 76-876 by court action; a member of a non-condo HOA may obtain a summary district-court order compelling inspection 'at the corporation's expense' under § 21-19,166 if the association wrongfully refuses.
Frequently Asked Questions
Can I inspect my Nebraska HOA's records?
Are Nebraska condo board meetings required to be open?
Can owners remove a Nebraska condo board member?
Sources
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