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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (no Maine HOA act)
Maine has not enacted a general planned-community or common-interest-ownership statute, so a noncondominium HOA's amendment and voting rules generally come from its recorded declaration/CC&Rs and bylaws (the Legislature has called for a study of whether to adopt a version of the Uniform Common Interest Ownership Act, with any report due by December 2026). Associations organized as nonprofit corporations are also generally subject to the Maine Nonprofit Corporation Act, which allows voting in person or by proxy and, where the bylaws so provide, by mail or electronic transmission (13-B M.R.S. § 604). Because no statute supplies a default amendment percentage for these communities, the threshold in your recorded declaration generally controls. We read your documents to confirm the exact figure.
Condominiums (Maine Condominium Act)
Condominiums created in Maine on or after January 1, 1983 are generally governed by the Maine Condominium Act (33 M.R.S. §§ 1601-101 et seq.), while many older condominiums fall under the earlier Unit Ownership Act (33 M.R.S. §§ 560 et seq.) unless they have opted in (33 M.R.S. § 1601-102). Under the Condominium Act, the declaration generally may be amended only by owners holding at least 67% of the association's votes, or any larger majority the declaration specifies (33 M.R.S. § 1602-117). A smaller percentage is generally allowed only where all units are restricted to nonresidential use. Amendments generally must be recorded in the county registry of deeds to take effect.
How the vote can run
For condominiums, votes may generally be cast in person or by proxy, and a proxy generally lapses 11 months after its date (33 M.R.S. § 1603-110). Meeting notice generally must go out not less than 10 nor more than 60 days ahead and describe the general nature of any proposed amendment (33 M.R.S. § 1603-108). The Condominium Act does not itself spell out electronic or secret-ballot procedures, so whether an online or mailed ballot is available generally depends on your governing documents and, for nonprofit-corporation HOAs, on bylaws adopted under 13-B M.R.S. § 604. We can run the vote to match whatever method your declaration, bylaws, and corporate form allow.
Before we quote
Maine details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Maine vote has to answer.
Whether your community is a condominium (Maine Condominium Act, or the older Unit Ownership Act) or a noncondominium HOA changes which default rules, if any, apply.
For condominiums, the statutory default to amend the declaration is generally 67% of the association's votes, but your declaration may set a higher figure (33 M.R.S. § 1602-117).
For noncondominium HOAs, Maine has no statutory default amendment percentage, so the figure in your recorded declaration generally governs.
Certain changes - creating or increasing declarant rights, changing unit boundaries, allocated interests (votes or common-expense shares), or permitted uses - generally need unanimous or affected-owner consent rather than just the 67% vote (33 M.R.S. § 1602-117).
Amendments generally are not effective until recorded in the county registry of deeds, so proper execution and recording need to be planned.
Meeting notice for condominium associations generally must be sent 10 to 60 days in advance and describe the general nature of any proposed amendment (33 M.R.S. § 1603-108).
Electronic or mailed ballots and any ballot-secrecy rules generally depend on your governing documents and, for nonprofit-corporation HOAs, on bylaws under 13-B M.R.S. § 604 - the Condominium Act mainly addresses in-person and proxy voting (33 M.R.S. § 1603-110).
Declarations and lenders may still call for mortgagee notice or consent on some amendments, and condominium termination carries its own higher threshold (33 M.R.S. § 1602-118).
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Your contact info
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