Nebraska guide

Nebraska condo document review

Nebraska condo document review is governed by the Nebraska Condominium Act (Neb. Rev.

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Stat. §§76-825 to 76-894) for condominiums created on or after January 1, 1984. The resale-disclosure section, §76-884, requires the seller to furnish the declaration, bylaws, rules, an assessment statement, the most recent balance sheet and budget "if any," an insurance-availability statement, and a litigation disclosure before conveyance. It is a useful floor, but a thin one: the packet does not include the reserve study, the actual master insurance policy, or meeting minutes, and a resale buyer has no statutory right to cancel after receiving it. In a low-regulation, storm-exposed state, the value of the review is in what you proactively request beyond the statutory minimum.

What §76-884 requires the seller to provide

For a resale, §76-884 requires the declaration (minus plats and plans), bylaws, and rules, plus a statement of the monthly common-expense assessment and any unpaid common or special assessment currently due, any other fees payable by owners, the most recent balance sheet and income/expense statement if any, the current operating budget if any, a statement that the insurance policy is available on request, the remaining term of any ground lease, and a disclosure of any threatened or pending litigation involving the unit or the association. The association must furnish the owner the information needed to comply within 10 days of request, and a purchaser is not liable for unpaid assessments exceeding the amount stated by the association.

What the packet leaves out — and you must request

The §76-884 list omits three of the most informative documents. There is no reserve study (Nebraska mandates none), no copy of the actual master insurance policy (the statute requires only a statement that it is available), and no meeting minutes. Request all three directly: the balance sheet to gauge reserve health, the master-policy declarations page to read the wind/hail deductible and roof terms, and the prior one to two years of board and member minutes to surface storm claims, special-assessment discussion, and governance friction.

No resale rescission — rely on the contract

Unlike new-construction sales, a Nebraska resale buyer receives the §76-884 documents with no statutory cancellation period. Once under contract, you cannot unilaterally cancel based on what the packet reveals. Your only escape is a purchase-contract contingency, so build an adequate document-review window into the offer. The 15-day cancellation right under §76-883 applies only to developer sales delivering a public-offering statement.

Pre-1984 condos and the HOA gap

Condominiums created before January 1, 1984 fall under the older Condominium Property Act (§§76-801 to 76-823), though §76-884 and certain other sections are back-applied to them under §76-826 — confirm which regime your building falls under. And confirm the property is a condominium at all: planned-community HOAs have no Nebraska statute and rely entirely on the declaration plus nonprofit corporate law and §52-2001.

Nebraska legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

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Reviewer's checklist

  • Confirm the seller provided the full §76-884 resale package before conveyance
  • Read the declaration, bylaws, and rules for restrictions and maintenance lines
  • Read the most recent balance sheet for the reserve balance — no study is required
  • Request the actual master-policy declarations page (statute only requires availability)
  • Request the prior 1–2 years of board and member minutes — not in the packet
  • Read the §76-884(7) litigation disclosure and ask for the underlying detail
  • Confirm any unpaid assessment statement and the §76-874(g) recordable statement
  • Confirm whether the building is post-1984 (Condominium Act) or pre-1984 (Property Act)
  • Confirm whether the property is a condominium or a declaration-only HOA
  • Build a document-review contingency into the contract — there is no resale rescission

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Risk Intelligence

Get Your Free Condo Risk Report

Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

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
  • Mortgage broker
  • Insurance broker