reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-106. Bylaws

§1603-106. Bylaws
(a) The bylaws of the association must provide for:
(1) The number of members of the executive board and the titles of the officers of the association;   [PL 1981, c. 699 (NEW).]
(2) Election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;   [PL 1981, c. 699 (NEW).]
(3) The qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies;   [PL 1981, c. 699 (NEW).]
(4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;   [PL 1981, c. 699 (NEW).]
(5) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and   [PL 1981, c. 699 (NEW).]
(6) The method of amending the bylaws.   [PL 1981, c. 699 (NEW).]
(b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.   [PL 1981, c. 699 (NEW).]
(c) An association may not include in its bylaws or declaration, or any rule adopted pursuant to the bylaws or declaration, or any deed a restriction that prohibits a unit owner from displaying on that unit owner's unit a sign that supports or opposes a candidate for public office or a referendum question during the period from 6 weeks prior to the date that a primary or general election or special election is held regarding that candidate or referendum question to one week after the election for that political candidate or vote for that referendum question is held.   [PL 2015, c. 271, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 2015, c. 271, §2 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-107. Upkeep of the condominium

§1603-107. Upkeep of the condominium
(a) Except to the extent provided by the declaration, subsection (b), or section 1603‑113, subsection (h), the association is responsible for maintenance, repair and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.   [PL 1981, c. 699 (NEW).]
(b) In addition to the liability which a declarant has under this Act as a unit owner, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-108. Meetings

§1603-108. Meetings
A meeting of the association must be held at least once each year. Special meetings of the association may be called as provided in the Maine Nonprofit Corporation Act. The bylaws must specify which of the association's officers, not less than 10 nor more than 60 days in advance of any meeting, shall cause notice to be hand delivered or sent prepaid by United States' mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner or sent by electronic means to any other address, including an e-mail address, specifically designated by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove a director or officer.   [PL 2015, c. 122, §3 (AMD).]
The executive board shall give timely notice reasonably calculated to inform unit owners of the date, time and place of and topics proposed to be discussed at meetings of the executive board. The notice may be given by a posting in a prominent place in the common elements or elsewhere, by e-mail or by other means, but actual notice need not be delivered to each unit owner. Failure of a unit owner to receive notice does not invalidate any action taken by the executive board at the meeting. Unit owners have the right to attend meetings of the executive board, subject to reasonable rules established by the executive board.   [PL 2011, c. 368, §5 (NEW).]
The executive board may restrict or prohibit attendance by unit owners and others during executive sessions. An executive session may be held only to:   [PL 2011, c. 368, §5 (NEW).]
(a) Consult with the association's attorney concerning legal matters;   [PL 2011, c. 368, §5 (NEW).]
(b) Discuss existing or potential litigation or mediation, arbitration or administrative proceedings;   [PL 2011, c. 368, §5 (NEW).]
(c) Discuss labor or personnel matters;   [PL 2011, c. 368, §5 (NEW).]
(d) Discuss contracts, leases and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or   [PL 2011, c. 368, §5 (NEW).]
(e) Prevent public knowledge of the matter to be discussed if the executive board determines that public knowledge would violate the privacy of any person.   [PL 2011, c. 368, §5 (NEW).]
A final vote or action may not be taken during an executive session.   [PL 2011, c. 368, §5 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 2011, c. 368, §5 (AMD). PL 2015, c. 122, §3 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-109. Quorums

§1603-109. Quorums
(a) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. The bylaws may require a larger percentage or a smaller percentage not less than 10%.   [PL 1981, c. 699 (NEW).]
(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50% of the votes on that board are present at the beginning of the meeting.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-110. Voting; proxies

§1603-110. Voting; proxies
(a) If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.   [PL 1981, c. 699 (NEW).]
(b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term.   [PL 1981, c. 699 (NEW).]
(c) The declaration may provide for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize class voting for the purpose of evading any limitation imposed on declarants by this Act.   [PL 1981, c. 699 (NEW).]
(d) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (i) The provisions of subsections (a) and (b) apply to lessees as if they were unit owners; (ii) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners shall also be given notice of all meetings at which lessees may be entitled to vote.   [PL 1981, c. 699 (NEW).]
(e) No votes allocated to a unit owned by the association may be cast.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-111. Tort and contract liability

§1603-111. Tort and contract liability
Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not against any unit owner.   [PL 1981, c. 699 (NEW).]
If the wrong accrued during any period of declarant control, and if the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all costs which the association would not have incurred but for the breach of contract or other wrongful act or omission. In any case where the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association. During any period in which the control of the declarant is limited to the power to approve actions of the association or executive board, as provided in section 1603‑103, subsection (d), the declarant shall be liable under this section only for losses caused by the exercise of declarant's right of disapproval. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 1603‑117, other liens affecting the condominium.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-112. Alienation of common elements

§1603-112. Alienation of common elements
(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, 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.   [PL 1981, c. 699 (NEW).]
(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. 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 effective only upon recordation.   [PL 1981, c. 699 (NEW).]
(c) The association, on behalf of the unit owners, may contract to sell real estate in the condominium or subject real estate to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instrument.   [PL 1981, c. 699 (NEW).]
(d) Any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of common elements, unless made in accordance with this section or in accordance with section 1603‑117, subsection (b), is void.   [PL 1981, c. 699 (NEW).]
(e) Any vote to sell, transfer or encumber common elements under this section may include a release of that real estate from any or all restrictions imposed on that real estate by the declaration or this Act, but may not deprive any unit of its rights of access and support.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-114. Surplus funds

§1603-114. Surplus funds
Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the unit owners in proportion to their common expense liability or credited to them to reduce their future common expense assessments.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-115. Assessments for common expenses

§1603-115. Assessments for common expenses
(a) Until the association makes a common expense assessment, the declarant shall pay all the common expenses. After any assessment has been made by the association, assessments thereafter must be made at least annually, based on a budget adopted at least annually by the association.   [PL 1981, c. 699 (NEW).]
(b) Except for assessments under subsections (c) and (d), common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to section 1602‑107. Any past due common expense assessment or installment thereof shall bear interest at the rate established by the association not exceeding 18% per year.   [PL 1981, c. 699 (NEW).]
(c) To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned equally, or in any other proportion that the declaration provides;   [PL 1981, c. 699 (NEW).]
(2) Any common expense benefiting fewer than all of the units shall be assessed exclusively against the units benefited; and   [PL 1981, c. 699 (NEW).]
(3) Any payments, fees or charges for the use, rental or operation of any common element shall be applied first to reduce the common expense relating to such common element. Any excess thereof shall be applied to common expenses generally.   [PL 1981, c. 699 (NEW).]
(d) Assessments to pay a judgment against the association, section 1603‑117, subsection (a), shall be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liability.   [PL 1981, c. 699 (NEW).]
(e) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against his unit.   [PL 1981, c. 699 (NEW).]
(f) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-115-A. Optional escrow of assessments

§1603-115-A. Optional escrow of assessments
(a) The association may require that a person who purchases a unit after October 1, 2009 make payments into an escrow account established by the association until the balance in the escrow account for that unit is equal to 6 months of assessments as established under section 1603‑115.   [PL 2009, c. 332, §1 (NEW).]
(b) All assessment payments made under this section and received after October 1, 2009 must be held in an account of a bank or other financial institution under terms that place these assessment payments beyond the claim of creditors of the association. Upon request by a unit owner, the association shall disclose the name of the institution and the account number where these assessment payments are being held. An association may use a single escrow account to hold assessment payments made under this section from all of the unit owners.   [PL 2009, c. 332, §1 (NEW).]
(c) The association shall pay interest on the assessment payments under this section in an amount equivalent to the rate required under Title 9‑B, section 429.   [PL 2009, c. 332, §1 (NEW).]
(d) The association shall return the assessment payments made under this section, together with the interest earned under subsection (c), to the unit owner when the owner sells the unit and has fully paid all assessments under section 1603‑115. The association may use the balance in the account to offset any assessments remaining unpaid.   [PL 2009, c. 332, §1 (NEW).]
(e) The assessment payments made under this section may be used by the association to cover up to 6 months of the costs attributable to a unit for which assessment payments have not been made.   [PL 2009, c. 332, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 332, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-117. Other liens affecting the condominium

§1603-117. Other liens affecting the condominium
(a) A judgment for money against the association, if a lien order is filed with the Register of Deeds of the county where the condominium is located, as provided in Title 14, section 3132, as it or its equivalent may be amended or modified from time to time, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.   [PL 1981, c. 699 (NEW).]
(b) Notwithstanding the provisions of subsection (a), if the association has granted a security interest in the common elements to a creditor of the association pursuant to section 1603‑112, the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced.   [PL 1981, c. 699 (NEW).]
(c) Whether perfected before or after the creation of the condominium, if a lien other than a mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against 2 or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering the unit. The amount of the payment must be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.   [PL 1981, c. 699 (NEW).]
(d) A judgment against the association shall be indexed in the name of the condominium and the association and, if so indexed, is constructive notice of the lien against the units.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 3: MANAGEMENT OF THE CONDOMINIUM › 33 §1603-119. Association as trustee

§1603-119. Association as trustee
With respect to a 3rd person dealing with the association in the association's capacity as a trustee under section 1602‑118 and 1603‑113, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A 3rd person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers and a 3rd person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A 3rd person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-101. Applicability; waiver

§1604-101. Applicability; waiver
(a) This article applies to all units subject to this Act, except as provided in subsection (b) or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use.   [PL 1981, c. 699 (NEW).]
(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:
(1) A gratuitous disposition of a unit;   [PL 1981, c. 699 (NEW).]
(2) A disposition pursuant to court order;   [PL 1981, c. 699 (NEW).]
(3) A disposition by a government or governmental agency;   [PL 1981, c. 699 (NEW).]
(4) A disposition by foreclosure or deed in lieu of foreclosure;   [PL 1981, c. 699 (NEW).]
(5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers; or   [PL 1981, c. 699 (NEW).]
(6) A disposition which may be cancelled at any time and for any reason by the purchaser without penalty.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-102. Liability for public offering statement requirements

§1604-102. Liability for public offering statement requirements
(a) Except as provided in subsection (b) or section 1604‑106, a declarant must, prior to the offering of any interest in a unit to the public, prepare a public offering statement conforming to the requirements of sections 1604‑103, 1604‑104 and 1604‑105.   [PL 1981, c. 699 (NEW).]
(b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a person in the business of selling real estate who intends to offer units in the condominium for his own account. In the event of any such transfer, the transferor must provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).   [PL 1981, c. 699 (NEW).]
(c) Any declarant or other person in the business of selling real estate who offers a unit for his own account to a purchaser must deliver a public offering statement in the manner prescribed in section 1604‑107, subsection (a). If the offeror prepared all or a part of the public offering statement, he is liable under sections 1604‑107 and 1604‑116, for any materially false or misleading statement set forth therein or for any omission of material fact therefrom with respect to that portion of the public offering statement which he prepared. If a declarant did not prepare any part of a public offering statement that he delivers, he is not liable for any materially false or misleading statement set forth therein or for any omission of material fact therefrom unless he had actual knowledge of such statement or omission or, in the exercise of reasonable care, could have known of such statement or omission.   [PL 1981, c. 699 (NEW).]
(d) If a unit is part of a condominium and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this State, a single public offering statement conforming to the requirements of sections 1604‑103, 1604‑104 and 1604‑105, as those requirements relate to all real estate regimes in which the unit is located, and to any other requirements imposed under the laws of this State, may be prepared and delivered in lieu of providing 2 or more public offering statements.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-105. Public offering statement; condominiums containing conversion buildings

§1604-105. Public offering statement; condominiums containing conversion buildings
(a) The public offering statement of a condominium containing any conversion building must contain, in addition to the information required by section 1604‑103:
(1) A statement by the declarant, based on a report prepared by an independent architect or engineer, who is not affiliated with the declarant, describing the present condition of all structural components, waste disposal system, water system and mechanical and electrical installations material to the use and enjoyment of the building;   [PL 1981, c. 699 (NEW).]
(2) A statement by the declarant of the expected useful life of each item reported on in paragraph (1) or a statement that no representations are made in that regard; and   [PL 1981, c. 699 (NEW).]
(3) A list of any outstanding notices of uncured violations of building code or other municipal, state or federal laws or regulations, together with the estimated cost of curing those violations.   [PL 1981, c. 699 (NEW).]
(b) This section applies only to buildings containing units that may be occupied for residential use, and does not apply to a condominium governed by section 1604‑103, subsection (b).   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-106. Public offering statement; condominium securities

§1604-106. Public offering statement; condominium securities
If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States or the Office of Securities of this State, a declarant satisfies all requirements relating to the preparation of a public offering statement of this Act if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission or the Office of Securities. When a condominium is located in a state other than Maine, under the laws of which a public offering statement is required in detail similar to the requirements of this Act, a declarant satisfies all requirements relating to the preparation of a public offering statement if the declarant delivers to the purchaser a copy of that public offering statement.   [PL 2001, c. 182, §14 (AMD).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 2001, c. 182, §14 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-107. Purchaser's right to cancel

§1604-107. Purchaser's right to cancel
(a) A person required to deliver a public offering statement pursuant to section 1604‑102, subsection (c), shall provide a purchaser of a unit with a copy of the public offering statement and all amendments thereto before the execution of a contract for sale. Unless prior to the execution of a contract for sale, a purchaser acknowledges in writing receipt and review of such offering statement, the purchaser, upon written notice to the declarant, may cancel the contract at any time prior to conveyance of the unit, unless the purchaser shall, subsequently, expressly and in writing waive such right to cancel after having received and reviewed such offering statement.   [PL 1981, c. 699 (NEW).]
(b) If a purchaser elects to cancel a contract pursuant to subsection (a), he may do so by hand delivering notice thereof to the declarant or by mailing notice thereof by prepaid United States' mail to the declarant or to his agent for service of process. Cancellation is without penalty and all payments made by the purchaser before cancellation shall be refunded promptly.   [PL 1981, c. 699 (NEW).]
(c) A purchaser who accepts a conveyance of a unit may not later exercise the right to cancel or rescind the contract for sale under this section, and all persons may rely on the conveyance.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-109. Escrow of deposits

§1604-109. Escrow of deposits
Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to section 1604‑102, subsection (c) shall be placed in escrow by declarant and held either in this State or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an attorney, a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the declarant at closing; (2) Delivered to the declarant because of purchaser's default under a contract to purchase the unit; or (3) Refunded to the purchaser.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-110. Release of liens

§1604-110. Release of liens
In the case of a sale of a unit where delivery of a public offering statement is required pursuant to section 1604‑102, subsection (c), a seller shall, before or simultaneously with conveying a unit, record or furnish to the purchaser releases of all liens affecting that unit and its common element interest which the purchaser does not expressly agree to take subject to or assume, or shall provide a surety bond or substitute collateral for or insurance against the lien. This section does not apply to any real estate which a declarant has the right to withdraw.   [PL 1981, c. 699 (NEW).]
Before conveying real estate to the association, the declarant shall have that real estate released from:   [PL 1981, c. 699 (NEW).]
(1) All liens, the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and   [PL 1981, c. 699 (NEW).]
(2) All other liens on that real estate, unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-112. Express warranties of quality

§1604-112. Express warranties of quality
(a) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are only created as follows:
(1) Any written affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominiums that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;   [PL 1981, c. 699 (NEW).]
(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description;   [PL 1981, c. 699 (NEW).]
(3) Any written description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and   [PL 1981, c. 699 (NEW).]
(4) A provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.   [PL 1981, c. 699 (NEW).]
(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.   [PL 1981, c. 699 (NEW).]
(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-113. Implied warranties of quality

§1604-113. Implied warranties of quality
(a) A declarant and any person in the business of selling real estate for his own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.   [PL 1981, c. 699 (NEW).]
(b) A declarant and any person in the business of selling real estate for his own account impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him, or made by any person before the creation of the condominium, will be:
(1) Free from defective materials; and   [PL 1981, c. 699 (NEW).]
(2) Constructed in accordance with applicable law, according to sound engineering and construction standards and in a workmanlike manner. Construction complying with the National Building Code and Code Administrators (BOCA), Basic Building Code or equivalent applicable local building code, if any, shall be deemed to satisfy such sound engineering or construction standards.   [PL 1981, c. 699 (NEW).]
(c) In addition, a declarant warrants to a purchaser from him of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.   [PL 1981, c. 699 (NEW).]
(d) Warranties imposed by this section may be excluded or modified as specified in section 1604‑114.   [PL 1981, c. 699 (NEW).]
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, section 1601‑103, paragraph (1), are made or contracted for by the declarant.   [PL 1981, c. 699 (NEW).]
(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-114. Exclusion or modification of implied warranties of quality

§1604-114. Exclusion or modification of implied warranties of quality
(a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:
(1) May be excluded or modified by agreement of the parties; and   [PL 1981, c. 699 (NEW).]
(2) Are excluded by expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.   [PL 1981, c. 699 (NEW).]
(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-115. Statute of limitations for warranties

§1604-115. Statute of limitations for warranties
(a) A judicial proceeding for breach of any obligation arising under section 1604‑112 or 1604‑113 must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.   [PL 1981, c. 699 (NEW).]
(b) Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and   [PL 1981, c. 699 (NEW).]
(2) As to each common element, at the time the common element is completed or, if later:
(i) As to a common element which may be added to the condominium or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser; or
(ii) As to a common element within any other portion of the condominium, at the time the first unit in the condominium is conveyed to a bona fide purchaser.
[PL 1981, c. 699 (NEW).]
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-116. Effect of violations on rights of action

§1604-116. Effect of violations on rights of action
If a declarant or any other person subject to this Act fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by that failure has a claim for appropriate relief.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-117. Labeling of promotional material

§1604-117. Labeling of promotional material
If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement, unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "NEED NOT BE BUILT."   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 4: PROTECTION OF CONDOMINIUM PURCHASERS › 33 §1604-118. Declarant's obligation to complete and restore

§1604-118. Declarant's obligation to complete and restore
(a) The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to section 1602‑109.   [PL 1981, c. 699 (NEW).]
(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by sections 1602‑110, 1602‑111, 1602‑112, 1602‑113, 1602‑115 and 1602‑116.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1651. Short title

§1651. Short title
This chapter shall be known and may be cited as the "Maine Uniform Transfers to Minors Act."   [PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1653. Scope and jurisdiction

§1653. Scope and jurisdiction
1.  Residence; location of property.
This Act applies to a transfer that refers to this Act in the designation under section 1660, subsection 1, by which the transfer is made if, at the time of the transfer, the transferor, the minor or the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this Act despite a subsequent change in residence of a transferor, the minor or the custodian or the removal of custodial property from this State.
[PL 1987, c. 734, §2 (NEW).]
2.  Personal jurisdiction.
A person designated as custodian under this Act is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
[PL 1987, c. 734, §2 (NEW).]
3.  Transfer made in another state.
A transfer that purports to be made and which is valid under the Maine Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar Act of another state is governed by the law of the designated state and may be executed and is enforceable in this State if, at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
[PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1654. Nomination of custodian

§1654. Nomination of custodian
1.  Revocable nomination.
A person having the right to designate the recipient of property transferrable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words "as custodian for (name of minor) under the Maine Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.
[PL 1987, c. 734, §2 (NEW).]
2.  Who may serve.
A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under section 1660, subsection 1.
[PL 1987, c. 734, §2 (NEW).]
3.  Effect of nomination.
The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 1660. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 1660.
[PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1655. Transfer by gift or exercise of power of appointment

§1655. Transfer by gift or exercise of power of appointment
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 1660.   [PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1656. Transfer authorized by will or trust

§1656. Transfer authorized by will or trust
1.  Authorized transfer.
A personal representative or trustee may make an irrevocable transfer pursuant to section 1660 to a custodian for the benefit of a minor as authorized in the governing will or trust.
[PL 1987, c. 734, §2 (NEW).]
2.  Authorized custodian.
If the testator or settlor has nominated a custodian under section 1654 to receive the custodial property, the transfer shall be made to that person.
[PL 1987, c. 734, §2 (NEW).]
3.  Designate a custodian.
If the testator or settlor has not nominated a custodian under section 1654, or all persons nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 1660, subsection 1.
[PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 32: MAINE UNIFORM TRANSFERS TO MINORS ACT › 33 §1657. Other transfer by fiduciary

§1657. Other transfer by fiduciary
1.  Transfer by personal representative or trustee.
Subject to subsection 3, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 1660, in the absence of a will or under a will or trust that does not contain an authorization to do so.
[PL 1987, c. 734, §2 (NEW).]
2.  Transfer by conservator.
Subject to subsection 3, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 1660.
[PL 1987, c. 734, §2 (NEW).]
3.  Requirements of transfer.
A transfer under subsection 1 or 2 may be made only if the personal representative, trustee or conservator considers the transfer to be in the best interest of the minor; the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and the transfer is authorized by the court if it exceeds $10,000 in value.
[PL 1987, c. 734, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 734, §2 (NEW).