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Maine Condo
Keeping Maine Homeowner Associations Informed

Ask Joe

Joe Carleton answers general questions about condominium law from viewers of this website.  Please feel free to send your questions to jcarleton@jbgh.com.   Joe will choose inquiries of general interest to post on this page. Please keep in mind the legal disclaimer found at the bottom of this page.    

Dear Joe:

A couple of years ago you were very helpful to me as I sought to understand condo las in ME and the bylaws for my condominium specifically.  You had pointed me to a website where I could reference the bylaws and rules of my association.  Unfortunately I have misplaced my notes.  Can you please remind me what the website is so that I can track down the information I need?

Claire

Dear Claire

You might have been thinking of the County Registry of Deeds. Maine has a central website that will show the way to the Registry in all Maine counties.   Go to www.maineregistryofdeeds.com and click on the county you want to search.

Joe

Dear Joe

I hope you can answer this question for me.  Can a "tenant" in Maine Condo Complex become a member of the Board?  Many Thanks.

Joe:

The only requirement in the Maine Condominium Act is that a majority of the members of the board be owners or spouses of owners, so it is theoretically possible for a tenant to be elected to the board. However, the declaration or bylaws may limit membership on the board to unit owners.  I am not aware of any tenants who have been elected to the board of a Maine condominium, but it is theoretically possible.

Dear Joe:

I want to expand my patio, which is a limited common element for my unit, by a couple of feet.  Everyone agrees except one other owner.  I have been told that I cannot expand because 100% approval of all units is required.  Is this true?

Frustrated

_

Dear Frustrated:

Conventional wisdom is that 100% of unit owners must approve amendments to the declaration which create or expand limited common elements, such as patios or decks.  However, we believe that unanimous approval is not necessary if the amendment process is done in a particular way.  The approval percentage is still high but does not need to be 100%.  Please contact us for more information.

Joe

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