reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 29: PRESERVATION INTEREST › 33 §1554. Recordation

§1554. Recordation
So that the title to the historic property affected reflects any preservation interest, all preservation agreements shall be recorded and indexed in the registry of deeds for the county where the property is located in the manner of conveyances of interests in property. The preservation agreement shall describe the property subject to the preservation interest by adequate legal description or by reference to a recorded plan showing the subject property's boundaries.   [PL 1979, c. 389 (NEW).]
SECTION HISTORY
PL 1979, c. 389 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 29: PRESERVATION INTEREST › 33 §1555. Limitation

§1555. Limitation
This chapter shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of this chapter shall be unenforceable. Nothing in this chapter shall diminish the powers granted by any general or special law to any governmental body to acquire by purchase, gift or eminent domain or otherwise property for public purposes.   [PL 1979, c. 389 (NEW).]
SECTION HISTORY
PL 1979, c. 389 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 30: TRAIL EASEMENTS › 33 §1581. Definitions

§1581. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1999, c. 371, §1 (NEW).]
1.  Holder.
"Holder" means:
A. A governmental body authorized to hold an interest in real property under the laws of this State or the United States, including a quasi-governmental entity such as a conservation commission, a regional planning commission or a water or sewer district; or   [PL 1999, c. 371, §1 (NEW).]
B. A nonprofit corporation including a land trust, the purposes or powers of which include the creation and maintenance of trails for use by the general public, for the conservation or preservation of open space, or both.   [PL 1999, c. 371, §1 (NEW).]
[PL 1999, c. 371, §1 (NEW).]
2.  Trail easement.
"Trail easement" means a nonpossessory interest of a holder in real property for the purposes of creating and maintaining a trail for use by the general public:
A. For pedestrian use;   [PL 1999, c. 371, §1 (NEW).]
B. For snowmobile use, if the instrument creating the easement provides for snowmobile use;   [PL 1999, c. 371, §1 (NEW).]
C. For use by all-terrain vehicles as defined in Title 12, section 13001 if the instrument creating the easement provides for the use of all-terrain vehicles; or   [PL 2003, c. 414, Pt. B, §48 (AMD); PL 2003, c. 614, §9 (AFF).]
D. For any combination of the uses described in paragraphs A to C, as specified in the instrument creating the easement.   [PL 1999, c. 371, §1 (NEW).]
[PL 2003, c. 414, Pt. B, §48 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW). PL 2003, c. 414, §B48 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 30: TRAIL EASEMENTS › 33 §1582. Creation, conveyance, acceptance and duration

§1582. Creation, conveyance, acceptance and duration
1.  Trail easement.
Except as otherwise provided in this chapter, a trail easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements created by written instrument.
[PL 1999, c. 371, §1 (NEW).]
2.  Right or duty.
No right or duty in favor of or against a holder arises under a trail easement unless the right or duty is accepted by the holder.
[PL 1999, c. 371, §1 (NEW).]
3.  Limitation.
Except as provided in this chapter, a trail easement is unlimited in duration unless the instrument creating it provides otherwise.
[PL 1999, c. 371, §1 (NEW).]
4.  Interest.
An interest in real property in existence at the time a trail easement is created is not impaired by the trail easement unless the owner of the interest is a party to the trail easement or consents to it.
[PL 1999, c. 371, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 30: TRAIL EASEMENTS › 33 §1583. Judicial actions

§1583. Judicial actions
1.  Action or intervention.
An owner of an interest in the real property burdened by a trail easement or a holder of the trail easement may bring or intervene in an action affecting the easement.
[PL 1999, c. 371, §1 (NEW).]
2.  Intervention only.
The State or a political subdivision of the State in which the real property burdened by a trail easement is located may intervene in an action affecting the easement.
[PL 1999, c. 371, §1 (NEW).]
3.  Power of court.
This chapter does not affect the power of a court to enforce a trail easement by injunction or proceeding in equity or to modify a trail easement in accordance with principles of law and equity.
[PL 1999, c. 371, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 30: TRAIL EASEMENTS › 33 §1584. Validity

§1584. Validity
A trail easement is valid and enforceable even if:   [PL 1999, c. 371, §1 (NEW).]
1.  Not appurtenant to interest in real property.
It is not appurtenant to or does not run with an interest in real property;
[PL 1999, c. 371, §1 (NEW).]
2.  Assigned to another holder.
It can be or has been assigned to another holder;
[PL 1999, c. 371, §1 (NEW).]
3.  Not recognized at common law.
It is not of a character that has been recognized traditionally at common law;
[PL 1999, c. 371, §1 (NEW).]
4.  Negative burden.
It imposes a negative burden;
[PL 1999, c. 371, §1 (NEW).]
5.  Affirmative obligations.
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
[PL 1999, c. 371, §1 (NEW).]
6.  Benefit does not touch or concern real property.
The benefit does not touch or concern real property;
[PL 1999, c. 371, §1 (NEW).]
7.  No privity of estate or of contract.
There is no privity of estate or of contract; or
[PL 1999, c. 371, §1 (NEW).]
8.  Does not run to successors or assigns.
It does not run to the successors or assigns of the holder.
[PL 1999, c. 371, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 30: TRAIL EASEMENTS › 33 §1585. Applicability

§1585. Applicability
1.  Trail easement created after effective date.
This chapter applies to any interest created after the effective date of this chapter that meets the definition of "trail easement" as set forth in section 1581.
[PL 1999, c. 371, §1 (NEW).]
2.  Chapter does not invalidate interest.
This chapter does not invalidate any interest, whether designated as a trail easement or otherwise, that is enforceable under other laws of this State.
[PL 1999, c. 371, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 1: GENERAL PROVISIONS › 33 §1601-101. Short title

§1601-101. Short title
This Act shall be known and may be cited as the Maine Condominium Act.   [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 1: GENERAL PROVISIONS › 33 §1601-102. Applicability

§1601-102. Applicability
(a) This Act applies to all condominiums created, in accordance with the provisions of this Act, within this State after the effective date of this Act and to all condominiums created within this State before the effective date of this Act which, on or after the effective date of this Act, amend the instruments creating the same so as to subject the condominium to the provisions of this Act and so as to conform those instruments to the provisions of this Act in all necessary respects. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by sections 560 through 587. Sections 1601‑105 Separate titles and taxation, 1601‑106 Applicability of local laws and regulations, 1601‑107 Eminent domain, 1602‑103 Construction and validity of declaration and bylaws, 1602‑104 Description of units, 1603‑102, subsection (a) paragraphs (1) through (6) and (11) through (16) Powers of unit owners' association, 1603‑111 Tort and contract liability, 1603‑116 Lien for assessments, 1603‑118 Association records, 1604‑108 Resales of units, and 1604‑116 Effect of violation on rights of action and section 1601‑103 Definitions, to the extent necessary in construing any of those sections, apply to all condominiums created in this State before the effective date of this Act; but those sections apply only with respect to events and circumstances occurring after the effective date of this Act and do not invalidate provisions of declarations, bylaws, floor plans, surveys or duly adopted administrative rules and regulations existing on the effective date of this Act.   [PL 1981, c. 699 (NEW).]
(b) The provisions of sections 560 through 587 do not apply to condominiums created after the effective date of this Act or amended pursuant to subsection (a) so as to be subject to the provisions of this Act and do not invalidate any amendment to declarations, bylaws, floor plans, surveys or duly adopted administrative rules and regulations relating to any condominium created before the effective date of this Act if the amendment would be permitted by this Act. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by sections 560 through 587. If the amendment grants to any person any rights, powers or privileges permitted by this Act, all correlative obligations, liabilities and restrictions in this Act also apply to that person.   [PL 1983, c. 78, §1 (AMD).]
(c) This Act does not apply to condominiums or units located outside this State, but the public offering statement provisions contained in sections 1604‑102 through and including 1604‑106 apply to all offers, contracts for disposition signed by any party in this State or dispositions in this State of condominiums or units unless exempt under section 1604‑101, subsection (b).   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 1983, c. 78, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 1: GENERAL PROVISIONS › 33 §1601-104. Variation by agreement

§1601-104. Variation by agreement
Except as expressly provided in this Act, provisions of this Act may not be varied by agreement, and rights conferred by this Act may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this Act or the declaration.   [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 1: GENERAL PROVISIONS › 33 §1601-105. Separate titles and taxation

§1601-105. Separate titles and taxation
(a) If there is any unit owner other than a declarant, each unit which has been created, together with its appurtenant interests, constitutes for all purposes a separate parcel of real estate.   [PL 1981, c. 699 (NEW).]
(b) If there is any unit owner other than a declarant, each unit shall be separately taxed and assessed and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.   [PL 1981, c. 699 (NEW).]
(c) Any portion of the common elements for which the declarant has reserved any development right to add real estate to a condominium or to withdraw real estate from a condominium, shall be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.   [PL 1981, c. 699 (NEW).]
(d) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.   [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 1: GENERAL PROVISIONS › 33 §1601-106. Applicability of local laws and regulations

§1601-106. Applicability of local laws and regulations
A zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership. Otherwise, no provision of this Act invalidates or modifies any provision of any zoning, subdivision, building code or other real estate use law, ordinance or regulation. No county, municipality, village corporation or other political subdivision, whether or not acting under the municipal home rule powers provided for under the Constitution of Maine, Article VIII, Part Second or Title 30‑A, chapter 111, and section 3001, or any other authority from time to time, may adopt or enforce any law, ordinance, rule, regulation or policy which conflicts with the provisions of this Act.   [PL 1987, c. 737, Pt. C, §§76, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 1987, c. 322 (AMD). PL 1987, c. 737, §§C76,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 1: GENERAL PROVISIONS › 33 §1601-107. Eminent Domain

§1601-107. Eminent Domain
(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.   [PL 1981, c. 699 (NEW).]
(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements whether or not any common elements are acquired. Upon acquisition: (1) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and (2) the portion of the allocated interest, votes and common expense liability divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.   [PL 1981, c. 699 (NEW).]
(c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.   [PL 1981, c. 699 (NEW).]
(d) The court decree shall be recorded.   [PL 1981, c. 699 (NEW).]
(e) Notwithstanding anything to the contrary in this section, lien holders on any unit, common element or limited common element, shall have a lien on any such awards in order of priority of their respective liens.   [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 1: GENERAL PROVISIONS › 33 §1601-108. Supplemental general principles of law applicable

§1601-108. Supplemental general principles of law applicable
The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validated or invalidating cause supplement the provisions of this Act, except to the extent inconsistent with this Act.   [PL 1981, c. 699 (NEW).]
No consent or joinder of the spouse of a unit owner shall be required for any action of the unit owner required or permitted under this Act, except that in a case of a conveyance or transfer of a unit, the law of Maine relating to the rights of a spouse in real estate shall apply to such conveyance or transfer.   [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 1: GENERAL PROVISIONS › 33 §1601-109. Construction against implicit repeal

§1601-109. Construction against implicit repeal
This Act being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.   [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 1: GENERAL PROVISIONS › 33 §1601-110. Uniformity of application and construction

§1601-110. Uniformity of application and construction
This Act shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.   [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 1: GENERAL PROVISIONS › 33 §1601-111. Severability

§1601-111. Severability
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.   [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 1: GENERAL PROVISIONS › 33 §1601-112. Unconscionable agreement or term of contract

§1601-112. Unconscionable agreement or term of contract
(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.   [PL 1981, c. 699 (NEW).]
(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
(1) The commercial setting of the negotiations;   [PL 1981, c. 699 (NEW).]
(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors;   [PL 1981, c. 699 (NEW).]
(3) The effect and purpose of the contract or clause; and   [PL 1981, c. 699 (NEW).]
(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 669 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 1: GENERAL PROVISIONS › 33 §1601-113. Obligation of good faith

§1601-113. Obligation of good faith
Every contract or duty governed by this Act imposes an obligation of good faith in its performance or enforcement.   [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 1: GENERAL PROVISIONS › 33 §1601-114. Remedies to be liberally administered

§1601-114. Remedies to be liberally administered
(a) The remedies provided by this Act shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not be awarded except as specifically provided in this Act or by other rule of law.   [PL 1981, c. 699 (NEW).]
(b) Any right or obligation declared by this Act is enforceable by judicial proceeding.   [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 1: GENERAL PROVISIONS › 33 §1601-115. Legal investments

§1601-115. Legal investments
Financial institutions may make loans to any person or persons to be secured by a mortgage of a unit or units together with their allocated interests, created pursuant to this chapter, to the extent that each of them may make loans secured by real estate mortgages, and subject to the applicable conditions and limitations imposed by law.   [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 1: GENERAL PROVISIONS › 33 §1601-116. Effective date

§1601-116. Effective date
This Act shall be effective on January 1, 1983.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-102. Unit boundaries

§1602-102. Unit boundaries
Except as provided by the declaration:   [PL 1981, c. 699 (NEW).]
(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereon are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements.   [PL 1981, c. 699 (NEW).]
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.   [PL 1981, c. 699 (NEW).]
(3) Subject to the provisions of paragraph (2), all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit.   [PL 1981, c. 699 (NEW).]
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-103. Construction and validity of declaration and bylaws

§1602-103. Construction and validity of declaration and bylaws
(a) All provisions of the declaration and bylaws are severable.   [PL 1981, c. 699 (NEW).]
(b) Neither the rule against perpetuities nor the provisions of section 116, as it or its equivalent may be amended from time to time, may be applied to defeat any provision of the declaration, bylaws or rules and regulations adopted pursuant to section 1603‑102, subsection (a), paragraph (1).   [PL 2017, c. 402, Pt. B, §3 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this Act.   [PL 1981, c. 699 (NEW).]
(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this Act. Whether a substantial failure impairs marketability is not affected by this Act.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 2017, c. 402, Pt. B, §3 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-104. Description of units

§1602-104. Description of units
A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or registry district in which the condominium is located and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-106. Leasehold condominiums

§1602-106. Leasehold condominiums
(a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration and the declaration shall state:
(1) The recording data for the lease or memorandum thereof;   [PL 1981, c. 699 (NEW).]
(2) The date on which the lease is scheduled to expire;   [PL 1981, c. 699 (NEW).]
(3) A legally sufficient description of the real estate subject to the lease;   [PL 1981, c. 699 (NEW).]
(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised or a statement that they do not have those rights;   [PL 1981, c. 699 (NEW).]
(5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease or a statement that they do not have those rights; and   [PL 1981, c. 699 (NEW).]
(6) Any rights of the unit owners to renew the lease and the conditions of any renewal or a statement that they do not have those rights.   [PL 1981, c. 699 (NEW).]
(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.   [RR 2013, c. 2, §40 (COR).]
(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests, unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.   [PL 1981, c. 699 (NEW).]
(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with section 1602‑107, subsection (a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). RR 2013, c. 2, §40 (COR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 31: MAINE CONDOMINIUM ACT › Article 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-107. Allocations of common element interests, votes and common expense liabilities

§1602-107. Allocations of common element interests, votes and common expense liabilities
(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association to each unit and state the formulas used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant.   [PL 1981, c. 699 (NEW).]
(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.   [PL 1981, c. 699 (NEW).]
(c) The declaration may provide:
(1) That different allocations of votes shall be made to the units on particular matters specified in the declaration; and   [PL 1981, c. 699 (NEW).]
(2) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.   [PL 1981, c. 699 (NEW).]
A declarant may not utilize class voting for the purpose of evading any limitation imposed on declarants by this Act, nor may units constitute a class because they are owned by a declarant.   [PL 1981, c. 699 (NEW).]
(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100% if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formulas, the allocated interest prevails.   [PL 1981, c. 699 (NEW).]
(e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void, except as permitted in section 1603‑112.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-108. Limited common elements

§1602-108. Limited common elements
(a) Except for the limited common elements described in section 1602‑102, paragraphs (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.   [PL 1981, c. 699 (NEW).]
(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration upon application to the association by the unit owners between or among whose units the reallocation is made. Unless the executive board determines within 30 days that the reallocation is unreasonable, the association shall prepare an amendment and any plats or plans needed to depict the amendment. Upon execution by the unit owners, the amendment together with such plats or plans shall be recorded in the names of the parties and the condominium.   [PL 1981, c. 699 (NEW).]
(c) A common element not previously allocated as a limited common element may not be so allocated, except pursuant to provisions in the declaration made in accordance with section 1602‑105, subsection (a), paragraph (7). The allocations shall be made by amendments to the declarations.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-110. Exercise of development rights

§1602-110. Exercise of development rights
(a) To exercise any development right reserved under section 1602‑105, subsection (a), paragraph (8), the declarant shall prepare, execute and record an amendment to the declaration, section 1602‑117, and comply with section 1602‑109. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number of each new unit created, and except in the case of subdivision or conversion of units described in subsection (c), reallocate the allocated interests among all units. The amendment must describe any limited common elements thereby created and designate the unit to which each is allocated to the extent required by section 1602‑108, limited common elements.   [PL 1981, c. 699 (NEW).]
(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by section 1602‑105 or section 1602‑106, as the case may be, and the plats and plans includes all matters required by section 1602‑109. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to section 1602‑105, subsection (a), paragraph (8).   [PL 1981, c. 699 (NEW).]
(c) When a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:
(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain, section 1601‑107.   [PL 1981, c. 699 (NEW).]
(2) If the declarant subdivides the unit into 2 or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.   [PL 1981, c. 699 (NEW).]
(3) Until written notice of conversion is given to the appropriate real estate tax assessor or the period during which conversion may occur expires, whichever occurs first, the declarant alone is liable for real estate taxes assessed against convertible real estate and all other expenses in connection with that real estate. No other unit owner and no other portion of the condominium is subject to a claim for payment of those taxes or expenses. Unless the declaration provides otherwise, any income or proceeds from convertible real estate 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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-111. Alterations of units

§1602-111. Alterations of units
Subject to the provisions of the declaration and other provisions of law, a unit owner:   [PL 1981, c. 699 (NEW).]
(1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;   [PL 1981, c. 699 (NEW).]
(2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association;   [PL 1981, c. 699 (NEW).]
(3) After acquiring an adjoining unit or adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not alteration of boundaries.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-112. Relocation of boundaries between adjoining units

§1602-112. Relocation of boundaries between adjoining units
(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and upon recordation, is indexed in the name of the grantor and the grantee.   [PL 1981, c. 699 (NEW).]
(b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-113. Subdivision of units

§1602-113. Subdivision of units
(a) If the declaration expressly so permits, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including the plats and plans, subdividing that unit.   [PL 1981, c. 699 (NEW).]
(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-114. Easement for encroachments

§1602-114. Easement for encroachments
To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-115. Use for sales purposes

§1602-115. Use for sales purposes
A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location and relocation thereof. Any sales office, management office or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner, he ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-116. Easement to facilitate exercise of special declarant rights

§1602-116. Easement to facilitate exercise of special declarant rights
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this Act or reserved in the declaration.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-117. Amendment of declaration

§1602-117. Amendment of declaration
(a) Except in cases of amendments that may be executed by a declarant under section 1602‑109, subsection (f) or 1602‑110; the association under section 1601‑107, 1602‑106, subsection (d), 1602‑108, subsection (c), 1602‑112, subsection (a) or 1602‑113; or certain unit owners under section 1602‑108, subsection (b), 1602‑112, subsection (a), 1602‑113, subsection (b) or 1602‑118, subsection (b), and except as limited by subsection (d), the declaration, including the plats and plans, may be amended only by vote or agreement of the unit owners of units to which at least 67% of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.   [PL 1981, c. 699 (NEW).]
(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.   [PL 1981, c. 699 (NEW).]
(c) Every amendment to the declaration must be recorded and is effective only upon recordation. Notice of the amendment shall be sent to all unit owners and mortgagees known to the executive board, but failure to send such notices shall not affect the validity of the amendment.   [PL 1981, c. 699 (NEW).]
(d) Except to the extent expressly permitted or required by other provisions of this Act, no amendment may create or increase special declarant rights, increase the number of units, 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 unit owners.   [PL 1981, c. 699 (NEW).]
(e) Amendments to the declaration required by this Act to be recorded by the association shall be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.   [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 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS › 33 §1602-121. Merger or consolidation of condominiums

§1602-121. Merger or consolidation of condominiums
(a) Any 2 or more condominiums may, by agreement of the unit owners as provided in subsection (b), be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations.   [PL 1981, c. 699 (NEW).]
(b) An agreement of 2 or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.   [PL 1981, c. 699 (NEW).]
(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either:
(1) By stating such reallocations or the formulas upon which they are based; or   [PL 1981, c. 699 (NEW).]
(2) By stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of such percentages allocated to each unit formerly comprising a part of such preexisting condominium shall be equal to the percentages of allocated interests allocated to such unit by the declaration of the preexisting condominiums.   [PL 1981, c. 699 (NEW).]
(d) Every merger or consolidation of 2 or more condominium associations shall comply with the requirements of Title 13‑B, the Maine Nonprofit Corporation Act, except to the extent inconsistent with this Act.   [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 §1603-101. Organization of unit owners' association

§1603-101. Organization of unit owners' association
A unit owners' association shall be organized prior to any conveyance, except a conveyance as security for an obligation, of a unit by the declarant. The membership of the association at all times shall consist exclusively of all the unit owners, or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 1602‑118, or their heirs, successors or assigns. The association shall be organized as a nonprofit corporation under Title 13‑B, as it or its equivalent may be amended from time to time.   [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 §1603-105. Termination of contracts and leases of declarant

§1603-105. Termination of contracts and leases of declarant
If entered into before the executive board elected by the unit owners pursuant to section 1603‑103, subsection (e), takes office: (1) Any management contract, employment contract or lease of recreational or parking areas or facilities; (2) any other contract or lease between the association and a declarant or an affiliate of a declarant; or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to section 1603‑103, subsection (e), takes office upon not less than 90 days' notice to the other party. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).