An Act To Amend the Percentage of Votes Needed for Condominium Governance
Maine Legislature, Session 128, LD 0281
Committee: Judiciary
Sponsors: HYMANSON, HILL, FOLEY, JORGENSEN, MALABY
Amends: 33 MRSA §1602, 33 MRSA §1603

Legislative Document
No. 281
H.P. 214
House of Representatives, January 31, 2017
An Act To Amend the Percentage of Votes Needed for 
Condominium Governance
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Cosponsored by Senator HILL of York and
Representatives: FOLEY of Wells, JORGENSEN of Portland, MALABY of Hancock.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  33 MRSA §1602-117, sub-§(d), as enacted by PL 1981, c. 699, is 
amended to read: 
(d)  Except to the extent expressly permitted or required by other provisions of this 
Act, no an amendment may not create or increase special declarant rights, increase the 
number of units, or change the boundaries of any unit, the allocated interests of a unit, or 
the uses to which any unit is restricted, in the absence of unanimous consent of the 
requisite number of unit owners.  For purposes of this subsection, "requisite number of 
unit owners" has the same meaning as in section 1603-112, subsection (f). 
Sec. 2.  33 MRSA §1603-112, sub-§§(a) and (b), as enacted by PL 1981, c. 699, 
are amended to read: 
(a)  Portions of the common elements may be conveyed or subjected to a security 
interest by the association if persons entitled to cast at least 80% of the votes in the 
association, including 80% of the votes allocated to units not owned by a declarant, or 
any larger percentage the declaration specifies a requisite number of unit owners, as 
defined in subsection (f), agree to that action; provided that all the owners of units to 
which any limited common element is allocated must agree in order to convey that 
limited common element or subject it to a security interest.  The declaration may specify 
a smaller percentage only if all of the units in the condominium are restricted exclusively 
to nonresidential uses.  Proceeds of the sale are an asset of the association. 
(b)  An agreement to convey common elements or subject them to a security interest 
must be evidenced by the execution of an agreement, or ratifications thereof, in the same 
manner as a deed, by the requisite number of unit owners as defined in subsection (f). The 
agreement must specify a date after which the agreement will be void unless recorded 
before that date.  The agreement and all ratifications thereof must be recorded in every 
county in which a portion of the condominium is situated and is are effective only upon 
recordation. 
Sec. 3.  33 MRSA §1603-112, sub-§(f) is enacted to read: 
(f)  As used in this section, "requisite number of unit owners" means: 
(1) When there are 9 or fewer units in the association, 100% of the votes allocated to 
units in the association; or 
(2) When there are 10 or more units in the association, at least 80% of the votes 
allocated to units in the association, rounded up to the next whole number. 
SUMMARY 
This bill amends the Maine Condominium Act to change the number of votes, 
depending on the number of units in the association, needed by owners of units in the 
association in order to convey or use as collateral common elements of the condominium 
or to amend the declaration of the condominium.  Under this bill, if an association 
consists of 9 or fewer units, agreement by all of the owners is necessary; if an association 
consists of 10 or more units, agreement by the owners of at least 80% of the votes 
allocated to units, rounded up to the next whole number, in the association is necessary.