Nebraska guide
Nebraska special assessments
Special assessments are how deferred and storm-driven costs in a Nebraska association arrive at your door. The Condominium Act does not separately codify special-assessment voting; in practice they flow through the negative-option budget-ratification process (§76-861(c)) or through declaration-specific procedures.
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Critically, an insurance shortfall — a loss exceeding insurance plus reserves — is expressly a common expense under §76-871(h), meaning a hail or tornado loss can become an assessable special assessment. With percentage wind/hail deductibles common and no reserve mandate, special assessments are the mechanism most likely to surprise a Nebraska buyer.
How assessments are adopted — the negative-option veto
Under §76-861(c), within 30 days of adopting a proposed budget the board sends a summary to all owners and sets a ratification meeting 14 to 30 days later. The budget is ratified unless a majority of all votes (or a larger number per the declaration) rejects it — whether or not a quorum is present. This is a negative-option system: silence ratifies. Special assessments folded into the budget ride the same mechanism, so meaningful assessments can take effect without an affirmative owner vote.
When a storm becomes your bill
Section 76-871(h) makes any repair cost exceeding insurance proceeds plus reserves a common expense — i.e., an assessable special assessment. With Nebraska master policies increasingly carrying percentage wind/hail deductibles (often 1–2% of building value), settling roofs at depreciated actual cash value, and excluding cosmetic damage, the gap between the loss and what insurance pays is exactly what gets assessed to owners after a hailstorm or tornado.
Allocation and the interest cap
Common expenses are allocated per the declaration. Misconduct-caused expenses can be assessed against the responsible unit alone (§76-873(e)), and limited-common-element costs to the benefited units (§76-873(c)). There is no statutory cap on assessment increases or special-assessment size; the main statutory limit is an 18% annual ceiling on interest charged on delinquencies (§76-873(b)). Any caps come from the declaration.
Where the next assessment hides
The most reliable predictors of a coming Nebraska special assessment are a thin reserve paired with a high master-policy wind/hail deductible, a recent storm-claim history, and a budget that was rejected or barely ratified. The minutes — which are not in the §76-884 packet and must be requested — often telegraph an assessment months before it is levied.
Nebraska legal references
- Neb. Rev. Stat. §76-861 — Budget ratification (negative-option owner veto)
- Neb. Rev. Stat. §76-871 — Insurance; shortfall as common expense (§76-871(h))
- Neb. Rev. Stat. §76-873 — Assessment for common expenses; 18% interest cap
Informational only. Not legal advice. Always confirm against current statute and counsel.
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Find a Nebraska specialist →Reviewer's checklist
- Read the budget-ratification history under §76-861(c) and any rejected budgets
- Identify any special assessments levied in the last several years
- Cross-reference the reserve balance against the master-policy wind/hail deductible
- Confirm whether any §76-871(h) insurance-shortfall assessment is pending
- Read recent storm-claim history for hail, wind, and tornado losses
- Request board and member minutes — not in the §76-884 packet
- Read the declaration for any owner-vote thresholds on special assessments
- Check whether delinquency interest is being charged at the 18% statutory max
- Confirm whether any limited-common-element or misconduct assessments apply
- Quantify cumulative assessment risk before relying on the dues figure
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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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