§ 33 §1602-120 — Master associations

Maine § 33 §1602-120

• Jurisdiction: Maine
• Title 33: PROPERTY
• Ch. 31: MAINE CONDOMINIUM ACT

Text

(a) If the declaration for a condominium provides that any of the powers described in section 1603‑102 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, which exercises those or other powers on behalf of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this Act applicable to unit owners' associations apply to any such corporation, or unincorporated association, except as modified by this section.
(b) Unless a master association is acting in the capacity of an association described in section 1603‑101, it may exercise the powers set forth in section 1603‑102, subsection (a), paragraph (2), only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from such condominiums to the master association.
(c) If the declaration of any condominium provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.
(d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in sections 1603‑103, 1603‑106, 1603‑108, 1603‑110 and 1603‑113, apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not such persons are otherwise unit owners within the meaning of this Act.
(e) Notwithstanding the provisions of section 1603‑103 with respect to the election of the executive board of an association, by all unit owners after the period of declarant control ends and even if a master association is also an association described in section 1603‑101, the articles of incorporation or other instrument creating the master association and the declaration of each condominium the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association shall be elected after the period of declarant control in any of the following ways:
(1) All unit owners of all condominiums subject to the master association may elect all members to that executive board;
(2) All members of the executive boards of all condominiums subject to the master association may elect all members of that executive board;
(3) All unit owners of each condominium subject to the master association may elect specified members of that executive board; or
(4) All members of the executive board of each condominium subject to the master association may elect specified members of that executive board.

Legislative History

PL 1981, c. 699 (NEW).