An Act To Amend and Clarify Certain Notice and Assessment Provisions of the Maine Condominium Act

Sec. 1. 33 MRSA §1603-103, sub-§(c),  as enacted by PL 1981, c. 699, is amended to read:

(c) Within 30 days after adoption of any proposed budget for the condominium, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 14 10 nor more than 30 days after mailing of the summary. Unless at that meeting a majority of all the unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners shall must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board.

Sec. 2. 33 MRSA §1603-103, sub-§(g)  is enacted to read:

(g) The executive board may make a special assessment, subject to the following ratification requirements.

Sec. 3. 33 MRSA §1603-108, first ¶,  as amended by PL 2011, c. 368, §5, is further amended to read:

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.

summary

This bill amends the Maine Condominium Act in the following ways.

1. It allows notice of the annual meeting of a unit owners' association to be sent to a unit owner by electronic means to any electronic address designated by the unit owner.

2. It changes from 14 to 10 the minimum number of days for notice of a budget meeting of a unit owners' association.

3. It authorizes the executive board of a unit owners' association to make special assessments and specifies the procedure for approving special assessments with certain limitations.