Maine guide
Maine Condo Resale Certificate Review
Maine requires a resale certificate for condominium resales under 33 M.R.S. §1604-108, part of the Maine Condominium Act (Title 33, Chapter 31).
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Before conveyance, the seller must furnish the declaration (minus plats and plans), bylaws, rules, and a "reasonably current" certificate covering assessments, anticipated capital expenditures, the reserve balance, financials, the budget, insurance, unsatisfied judgments and pending suits, and known code violations. On request and a reasonable fee, the association must deliver it within 10 days. A notable Maine feature is the statutory cancellation right: the purchase contract is voidable until the certificate is delivered and for 5 days thereafter, or until conveyance, whichever comes first. The certificate is a disclosure floor, not a quality guarantee, so read it against the building's age, coastal exposure, and everything you request on your own.
What §1604-108 requires the certificate to disclose
The certificate must state any right of first refusal or restraint on alienation affecting the sale, the monthly common-expense assessment and any unpaid common or special assessment owed by the seller, any other fees payable by owners, 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 operating budget, any unsatisfied judgments against the association and the status of pending suits in which it is a defendant, a statement of insurance coverage, whether the board knows of declaration violations or health/building code violations as to the unit, and the remaining term of any leasehold. The association is bound by what it discloses — a purchaser is not liable for any unpaid assessment greater than the amount stated. Confirm the certificate is complete before relying on it.
The 10-day delivery rule and the 5-day cancellation window
On a unit owner's request and payment of a reasonable fee, the association must furnish the certificate within 10 days (§1604-108(b)). Under §1604-108(c), the seller is not liable for the association's delay, but the purchase contract is voidable by the purchaser until the certificate has been provided and for 5 days thereafter, or until conveyance, whichever first occurs. That gives a Maine buyer a genuine review-and-cancel window: you can walk if the certificate is late, and you keep 5 days to review it after it arrives. Request the certificate early so the clock leaves room to read it, and calendar the 5-day deadline so the window does not close before you have reviewed the financials, insurance, anticipated capital expenditures, and any disclosed litigation.
Which statute governs an older project
The first question in any older Maine condo is which statute applies. Condominiums created on or after January 1, 1983 fall under Chapter 31; older "horizontal property" projects may still run under the pre-1983 Unit Ownership Act (33 M.R.S. ch. 10) unless they amended their instruments to opt in. The Unit Ownership Act offers thinner statutory disclosure. Certain Chapter 31 "core" sections — including the resale-certificate provision — reach older condos for events after the effective date, so the §1604-108 certificate generally applies even to many pre-1983 projects, but the governing instrument still controls many rights. Verify the creation date and any opt-in amendment before assuming a full set of statutory protections.
Read the certificate together, and request what it omits
Maine forces disclosure of current figures but not a full document history. Read the reserve balance against the anticipated capital expenditures — Maine mandates no reserve study or funding, so a thin reserve is legal but a real signal — and read the insurance statement against the master-policy declarations page, given coastal premium and availability stress. Proactively request the reserve study if any exists, multi-year budgets and the delinquency ledger, the master policy and claims/loss history (especially storm, flood, and ice-dam claims), engineering, roof, deck, or seawall reports, and recent board and owner meeting minutes. A clean-looking certificate on an aging coastal building can still carry significant special-assessment risk that surfaces only when the documents are cross-referenced.
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 the seller furnished the full §1604-108 certificate plus declaration, bylaws, and rules
- Confirm the association delivered the certificate within 10 days of request
- Calendar the 5-day post-delivery cancellation window under §1604-108(c) and use it
- Read the disclosed reserve balance and anticipated capital expenditures together
- Read the current budget and most recent balance sheet and income/expense statement
- Read the assessments-due statement and any unpaid common or special assessment
- Read the insurance statement and request the master-policy declarations page and loss runs
- Confirm whether any pending suit or unsatisfied judgment is disclosed (§1604-108(a)(8))
- Confirm whether the condo is governed by Chapter 31 or the pre-1983 Unit Ownership Act
- Request any reserve study, engineering, roof, deck, or seawall reports (none are mandated)
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Get My Free Risk Report →Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
Risk report
Severity-graded across 8 categories.
Every finding cites the document, page number, and quoted text.
How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — maine condo resale certificate review risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
See our 8-category framework →Risk Intelligence
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A condo document review is the structured analysis of every disclosure document your seller or association has provided — declaration, bylaws, rules, reserve study, budgets, financials, meeting minutes, insurance summary, estoppel or resale certificate, and any pending special assessment notices.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
Related reading
Guides for Maine buyers and owners
Does Maine Have a Condo Super-Lien? No — and Why That Changes Your Diligence
Unlike most Uniform Condominium Act states, Maine has no 6-month super-priority lien. Here is what 33 M.R.S. §1603-116 actually says, why a failed 2015 bill matters, and how to read delinquency as a financial-health signal instead of a title threat.
Should I Buy a Condo With Incomplete Resale Documents?
Incomplete resale documents are a red flag of their own near your deadline. Learn what's usually missing and get a free document review.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
The Complete Condo Buying Checklist (2026)
A four-phase due diligence framework — pre-offer through post-closing — covering documents, fees, reserves, insurance, lender requirements, and governance risk.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current Maine statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer