Maine guide
Maine condo document review
Maine condo document review is governed by the Maine Condominium Act (33 M.R.S. ch.
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31), the state's enactment of the 1980 Uniform Condominium Act, effective January 1, 1983. The first question in any older project is which statute applies: condos created before 1983 may still run under the Unit Ownership Act (33 M.R.S. ch. 10) unless they opted into the modern Act. For resales, §1604-108 requires the seller to furnish the declaration, bylaws, rules, and a "reasonably current" resale certificate covering assessments, anticipated capital expenditures, the reserve balance, financials, the budget, insurance, unsatisfied judgments and pending suits, and known code violations. The association must deliver it within 10 days of request, and — a notable Maine feature — the purchase contract is voidable until delivery and for 5 days thereafter. The certificate is a disclosure mandate, not a quality guarantee, so read it together with the building's age and coastal or cold-climate exposure.
Which statute governs — Chapter 31 or the Unit Ownership Act
Confirm whether the condominium was created on or after January 1, 1983 (Chapter 31) or before (the older Unit Ownership Act, ch. 10, unless amended to opt in). A 1970s "horizontal property" condo may still run under ch. 10 with thinner statutory disclosure, lien, and insurance rules. Certain Chapter 31 "core" sections — including the lien, resale-certificate, and records provisions — reach older condos for events after the effective date, but the governing instrument still controls many rights, so verify the date and any opt-in amendment first.
What the §1604-108 resale certificate must disclose
The certificate must state any right of first refusal, the monthly common-expense assessment and any unpaid amounts owed by the seller, other fees, any anticipated capital expenditures, the reserve balance and any reserves designated for specific projects, the most recent balance sheet and income/expense statement, the current budget, unsatisfied judgments and the status of pending suits in which the association is a defendant, a description of insurance coverage, any known declaration violations or health/building code violations as to the unit, and the term of any leasehold. A purchaser is not liable for any unpaid assessment greater than the amount the certificate states.
The 10-day delivery rule and the 5-day cancellation window
On request and payment of a reasonable fee, the association must furnish the certificate within 10 days (§1604-108(b)). Under §1604-108(c), the purchase contract is voidable until the certificate has been provided and for 5 days thereafter, or until conveyance, whichever first occurs. This gives a Maine buyer a genuine review-and-cancel window — use it to read the financials, insurance, anticipated capital expenditures, and any disclosed litigation rather than assuming the package is clean.
What to request beyond the statutory certificate
Maine forces disclosure of current figures but not a full document history. Proactively request the reserve study if any (none is mandated), multi-year budgets and the delinquency ledger, the master-policy declarations page and claims/loss history (especially storm, flood, and ice-dam claims), any engineering, roof, deck, or seawall reports, recent board and owner meeting minutes, and any special-assessment notices. For coastal buildings, confirm flood zone and flood coverage; for older projects, confirm which statute governs.
Maine legal references
- 33 M.R.S. §1604-108 — Resales of units (resale certificate; 10-day delivery; 5-day rescission)
- Maine Condominium Act — Title 33, Chapter 31 (contents)
- 33 M.R.S. §1603-118 — Association records (inspection rights; retention)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Maine statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Maine specialist →Reviewer's checklist
- Confirm whether the condo is governed by Chapter 31 or the pre-1983 Unit Ownership Act
- Confirm the §1604-108 resale certificate was delivered within 10 days of request
- Read the certificate's reserve balance and any anticipated capital expenditures together
- Note the 5-day post-delivery cancellation window under §1604-108(c) and use it
- Request the master-policy declarations page and claims/loss history
- Request any reserve study, engineering, roof, deck, or seawall reports (none are mandated)
- Read recent board and owner meeting minutes for assessments and storm repairs
- Request multi-year budgets and the delinquency/collection ledger
- For coastal buildings, confirm FEMA flood zone and flood coverage
- Confirm whether the certificate discloses any pending suit or unsatisfied judgment
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
Governance risk
An association's governance health is a leading indicator of every other risk.
FAQ
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