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
- Neb. Rev. Stat. §76-884 — Resale of unit; information to purchaser
- Neb. Rev. Stat. §76-883 — Public-offering statement; 15-day cancellation (new construction)
- Neb. Rev. Stat. §76-826 — Sections back-applied to pre-1984 condominiums
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Nebraska statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Nebraska specialist →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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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
Frequently asked questions
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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