Maine Condominium Act — Executive Board Members and Officers

Title 33, §1603-103: Executive board members and officers; declarant control Maine Legislature Maine Revised Statutes Session Law Statutes Maine State Constitution Information §1603-103 PDF §1603-103 MS-Word Statute Search Ch. 31 Contents Title 33 Contents List of Titles Maine Law & Disclaimer Revisor's Office Maine Legislature §1603-102 Title 33: PROPERTY Chapter 31: MAINE CONDOMINIUM ACT Article 3: MANAGEMENT OF THE CONDOMINIUM §1603-104 §1603-103. Executive board members and officers; declarant control (a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of this Act, the executive board may act in all instances on behalf of the association. The declarant is a fiduciary for the unit owners with respect to actions taken or omitted at his direction by officers and members of the executive board appointed by the declarant, and acting in those capacities, or elected by the members at a time when more than 50% of the voting rights are held by the declarant. [PL 1981, c. 699 (NEW).] (b) The executive board may not act on behalf of the association to amend the declaration, section 1602‑117 , to terminate the condominium, section 1602‑118 , or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members, subsection (e), but the executive board may fill vacancies in its membership for the unexpired portion of any term. [PL 1981, c. 699 (NEW).] (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 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 must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board. [PL 2015, c. 122, §1 (AMD).] (d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by him may appoint and remove the officers and members of the executive board. Any period of declarant control extends from the date of the first conveyance of a unit to a person other than a declarant for a period not exceeding 7 years in the case of a condominium in which the declarant has reserved development rights, or 5 years in the case of any other condominium. Regardless of the period provided in the declaration, a period of declarant control terminates no later than 60 days after conveyance of 75% of the units to unit owners other than a declarant. A declarant may voluntarily surrender the right …

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