Me. Rev. Stat. » Title 33
Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 1602-105 (2026)

Contents of declaration

✓ current as of May 2026
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(a) The declaration for a condominium contains:  
(1) The name of the condominium, which includes the word "condominium" or be followed by the words "a condominium," and of the association;   [PL 1981, c. 699 (NEW).]
(2) The name of every municipality and every county or registry district in which any part of the condominium is situated;   [PL 1981, c. 699 (NEW).]
(3) A legally sufficient description of the real estate included in the condominium;   [PL 1981, c. 699 (NEW).]
(4) A statement of the maximum number of units which the declarant reserves the right to create;   [PL 1981, c. 699 (NEW).]
(5) A description of the boundaries of each unit created by the declaration, including the unit's identifying number;   [PL 1981, c. 699 (NEW).]
(6) A description of any limited common elements, other than those specified in section 1602‑102, paragraphs (2) and (4), as provided in section 1602‑109, subsection (b), paragraph (10);   [PL 1981, c. 699 (NEW).]
(7) A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in section 1602‑102, paragraphs (2) and (4), together with a statement that they may be so allocated;   [PL 1981, c. 699 (NEW).]
(8) A description of any development rights and other special declarant rights, section 1601‑103, paragraph (25), reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;   [PL 1981, c. 699 (NEW).]
(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:
(i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and
(ii) A statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;
  [PL 1981, c. 699 (NEW).]
(10) Any other conditions or limitations under which the rights described in paragraph (8) may be exercised or will lapse;   [PL 1981, c. 699 (NEW).]
(11) An allocation to each unit of the allocated interests in the manner described in section 1602‑107;   [PL 1981, c. 699 (NEW).]
(12). Any restrictions on use, occupancy and alienation of the units;   [PL 1981, c. 699 (NEW).]
(13). The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration;   [PL 1981, c. 699 (NEW).]
(14). All matters required by sections 1602‑106, 1602‑107, 1602‑108, 1602‑109, 1602‑115, 1602‑116 and 1603‑103, subsection (d); and   [PL 1981, c. 699 (NEW).]
(15). Reasonable provisions regarding the manner in which notice of matters affecting the condominium may be given to unit owners by the association.   [PL 1981, c. 699 (NEW).]
(b) The declaration may contain any other matters the declarant deems appropriate.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
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Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2011–2025 · leading case: Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011).
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Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011). · cites it 6× “See 33 M.R.S. § 1602-105(8)(a). "To exercise any development right .”
The Vill. At Ocean's End Condo. v. Sw. Harbor Props., LLC (Me. Super. Ct 2023). “33 M.R.S. § 1602-105(5) (2023). It also provides a gap-filler provision that becomes operative if a declaration does not include such a description and ts silent regarding the condominium’s units’ boundaries.”
The Vill. at Ocean's End Condo. Ass'n v. Sw. Harbor Props. LLC, 2025 ME 85 (Me. 2025). “See 33 M.R.S. § 1602-105(a)(8) (discussing the requirements for 9 Both Maine and Rhode Island’s Condominium Acts are based on the Uniform Condominium Act, and Maine’s Act contains a section instructing courts to apply and construe the Act “so as to effectuate its general purpose…”
Saco Avenue Rentals, LLC v. Town of Old Orchard Beach (Me. Super. Ct 2015). “" 33 M.R.S. § 1602-105(A)(8). This court 4 has held that a declaration that omitted an expiration date for development rights was not void.”
Acorn Vill. Condo. Assoc. v. Acorn Vill., LLC (Me. Super. Ct 2015). “" 33 M.R.S. § 1602-105(A)(8). In order to exercise such development rights, the declarant must "prepare, execute and record an amendment to the declaration, section 1602-117, and comply with section 1602-109.”
Me. Rev. Stat. tit. 33, § 1602-105(5): 1 case
The Vill. At Ocean's End Condo. v. Sw. Harbor Props., LLC (Me. Super. Ct 2023). “33 M.R.S. § 1602-105(5) (2023). It also provides a gap-filler provision that becomes operative if a declaration does not include such a description and ts silent regarding the condominium’s units’ boundaries.”
Me. Rev. Stat. tit. 33, § 1602-105(8)(a): 1 case
Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011). “See 33 M.R.S. § 1602-105(8)(a). "To exercise any development right .”
Me. Rev. Stat. tit. 33, § 1602-105(9): 1 case
Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011). “See 33 M.R.S. § 1602-105(8)(a). "To exercise any development right .”
Me. Rev. Stat. tit. 33, § 1602-105(A)(8): 2 cases
Saco Avenue Rentals, LLC v. Town of Old Orchard Beach (Me. Super. Ct 2015). “" 33 M.R.S. § 1602-105(A)(8). This court 4 has held that a declaration that omitted an expiration date for development rights was not void.”
Acorn Vill. Condo. Assoc. v. Acorn Vill., LLC (Me. Super. Ct 2015). “" 33 M.R.S. § 1602-105(A)(8). In order to exercise such development rights, the declarant must "prepare, execute and record an amendment to the declaration, section 1602-117, and comply with section 1602-109.”
Me. Rev. Stat. tit. 33, § 1602-105(a)(13): 1 case
Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011). “See 33 M.R.S. § 1602-105(8)(a). "To exercise any development right .”
Me. Rev. Stat. tit. 33, § 1602-105(a)(8): 2 cases
The Vill. at Ocean's End Condo. Ass'n v. Sw. Harbor Props. LLC, 2025 ME 85 (Me. 2025). “See 33 M.R.S. § 1602-105(a)(8) (discussing the requirements for 9 Both Maine and Rhode Island’s Condominium Acts are based on the Uniform Condominium Act, and Maine’s Act contains a section instructing courts to apply and construe the Act “so as to effectuate its general purpose…”
Seagull Condo Ass'n v. First Coast Realty & Dev. (Me. Super. Ct 2011). “See 33 M.R.S. § 1602-105(8)(a). "To exercise any development right .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.