Special assessment from your Maine condo — what can the board do without a vote?

Maine at a glance

The emergency power and ratification

Under § 1603-103, the board can impose an emergency special assessment up to two months of common charges immediately, without an owner vote, if it finds an emergency. Anything larger follows negative ratification (passes unless a majority of all owners reject it), and any special extending past the current budget year needs an affirmative majority-in-interest of all owners. So the size and timing of the assessment determine your rights.

No reserve mandate, no super-lien

Maine requires neither a reserve study nor funding, so aging coastal and seasonal buildings often rely on special assessments for roofs, decks, and freeze-thaw damage. And Maine is not a super-lien state — the association's lien is fully subordinate to the first mortgage (§ 1603-116), so high delinquency is a real financial-health signal.

What to confirm

Read the minutes for any recent emergency special, check the reserve balance against the building's age, and confirm whether any pending special extends into future years (which would require an owner vote). The resale certificate, with a 5-day cancellation right, discloses anticipated capital expenditures and the reserve balance.

Sources

• 33 M.R.S. § 1603-103 — budget & special assessments(High)
• 33 M.R.S. § 1603-116 — lien for assessments (no super-lien)(High)
• 33 M.R.S. § 1604-108 — resales of units(High)

Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Maine-licensed professional.