Resolve, to Study the Adoption of the Uniform Common Interest Ownership Act
Maine Legislature, Session 131, LD 1662
Committee: Judiciary
Sponsors: LAWRENCE

Legislative Document
No. 1662
S.P. 667
In Senate, April 13, 2023
Resolve, to Study the Adoption of the Uniform Common Interest 
Ownership Act
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State has no laws regulating noncondominium community associations; 
and
Whereas, an increasing number of housing developments in the State are structured 
as noncondominium community associations; and
Whereas, at least 8 states, including Vermont and Connecticut, have codified laws 
relating to community associations by adopting the Uniform Common Interest Ownership 
Act recommended by the Uniform Law Commission; and
Whereas, this resolve establishes the Commission to Study the Need to Codify or 
Recodify Laws Regarding Noncondominium Community Associations; and
Whereas, the commission's study must be initiated before the 90-day period expires 
in order that the study may be completed and a report submitted in time for submission to 
the next legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1. Commission established.  Resolved:  That the Commission to Study the 
Need to Codify or Recodify Laws Regarding Noncondominium Community Associations, 
referred to in this resolve as "the commission," is established.
Sec. 2. Commission membership.  Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 10 members appointed as follows:
1.  Five members of the Maine State Bar Association, including 2 members with a 
substantial practice in condominium or community association law, appointed by the Chief 
Justice of the Supreme Judicial Court;
2.  One member representing the State's lending community, appointed by the chairs 
of the Joint Standing Committee on Judiciary;
3.  One member representing the State's realtor community, appointed by the chairs of 
the Joint Standing Committee on Judiciary;
4.  One member representing the real estate development community, appointed by the 
Governor; and
5.  Two members representing unit owners or homeowners in community associations 
in the State, appointed by the Governor. 
The commission and the terms of its members expire upon adjournment of the Second 
Regular Session of the 131st Legislature.  In the event of the death or resignation of a 
member, the appointing authority shall appoint a qualified person for the remainder of the 
term.
Sec. 3. Chairs.  Resolved:  That, notwithstanding Joint Rule 353, the first-named 
member from the Maine State Bar Association shall serve as chair of the commission.
Sec. 4. Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.  The commission may conduct its 
meetings by remote participation.
Sec. 5. Duties.  Resolved:  That the commission shall:
1.  Review data on existing condominium and noncondominium community 
associations in the State;
2.  Review state statutes that govern and case law that affects noncondominium 
community association developments in the State;
3.  Review efforts in other states to address problems with community associations; 
and
4.  Consider the adoption of the Uniform Common Interest Ownership Act and other 
laws to determine whether that act or other legislation may be suitable for adoption in this 
State.
Sec. 6. Staff assistance.  Resolved:  That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the commission, except that 
Legislative Council staff support is not authorized when the Legislature is in regular or 
special session.
Sec. 7. Report.  Resolved:  That, no later than December 6, 2023, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Joint Standing Committee on Judiciary.  The Joint 
Standing Committee on Judiciary may submit legislation related to the report to the Second 
Regular Session of the 131st Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Commission to Study the Need to Codify or Recodify Laws 
Regarding Noncondominium Community Associations.  The 10-member commission is 
directed to review data on existing condominium and noncondominium community 
associations in the State, review state statutes that govern and case law that affects 
noncondominium community association developments, review efforts in other states to 
address problems with community associations and consider the adoption of uniform and 
other laws.  The commission is required to submit a report to the Joint Standing Committee 
on Judiciary, which may submit legislation to the Second Regular Session of the 131st 
Legislature.