Maine guide
Maine special assessments
Special assessments are how deferred storm and freeze-thaw costs in a Maine association reach owners, and Maine specifically governs them. Under 33 M.R.S.
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§1603-103(g) (added by PL 2015, c. 122), a special assessment must generally be ratified by owners through the same "negative ratification" process used for budgets, and any portion due after the current budget year requires affirmative approval of a majority in interest of all unit owners. But there is an emergency exception: if a special does not exceed two months' common charges and the board finds it necessary to meet an emergency, the board may impose it immediately without owner ratification. So a Maine board can unilaterally levy up to roughly two months of dues for storm damage, while larger or multi-year specials need a vote — and the minutes are where both appear.
The negative-ratification budget model
Maine runs a negative-ratification model for regular budgets (§1603-103(c)): the board adopts a proposed budget, mails a summary within 30 days, and sets a ratification meeting 10–30 days later. Unless a majority of all unit owners affirmatively rejects it, the budget is ratified — whether or not a quorum is present. If rejected, the last ratified budget continues. Because rejection requires a majority of all owners, boards usually prevail, so a buyer should not assume strong owner control over dues.
How Maine governs special assessments
Under §1603-103(g), a special assessment must be ratified using the same negative-ratification process; but if any portion is due after the current budget year, ratification requires affirmative approval of a majority in interest of all unit owners. This raises the bar for larger, multi-year specials. Confirm from the minutes whether a disclosed special was emergency-imposed, negatively ratified, or affirmatively approved — the path tells you how contested it was.
The emergency exception — board-only up to 2 months' charges
If a special does not exceed two months' common charges and the board finds it necessary to meet an emergency, the board may impose it immediately without owner ratification (§1603-103(g)(2)). In Maine, that power is most often used after storm or freeze-thaw damage. Check the minutes for emergency specials, which arrive without a vote and can recur.
Borrowing and income assignment
Section 1603-102 lets the association make contracts and incur liabilities, supporting borrowing for capital projects, and PL 2011, c. 368 allows associations to assign rights to future income, including assessments, with owner approval — facilitating bank loans. The Act sets no specific loan-approval threshold and no statutory cap on regular or special assessment size beyond the ratification rules and any declaration cap. Check recent minutes for any loan, line of credit, or income assignment.
Maine legal references
- 33 M.R.S. §1603-103 — Executive board; budget and special-assessment ratification; emergency special
- 33 M.R.S. §1603-102 — Powers of association (contracts, liabilities, income assignment)
- Maine Condominium Act — Title 33, Chapter 31 (no statutory assessment cap)
Informational only. Not legal advice. Always confirm against current statute and counsel.
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Find a Maine specialist →Reviewer's checklist
- Read the minutes for any emergency special imposed without a vote (§1603-103(g)(2))
- Confirm whether a larger or multi-year special received majority-in-interest approval
- Confirm the regular-assessment history and any year-over-year jumps
- Check whether owners ever rejected a proposed budget (signals contention)
- Read the reserve and anticipated capital expenditures for the next likely special
- Check for any association loan, line of credit, or income assignment (PL 2011 c.368)
- Confirm there is no declaration cap on assessment increases
- Cross-reference storm or freeze-thaw repair discussion against assessments
- Ask the board directly about anticipated special assessments
- Weigh cumulative assessment risk against your budget
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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.
Condo document review
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.
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