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

Me. Rev. Stat. tit. 33, § 1603-116 (2026)

Lien for assessments

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(a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 1603‑102, subsection (a), paragraphs (10), (11) and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.   [PL 1981, c. 699 (NEW).]
(b) A lien under this section is prior to all other liens and encumbrances on a unit except: (1) Liens and encumbrances recorded before the recordation of the declaration; (2) A first mortgage recorded before or after the date on which the assessment sought to be enforced becomes delinquent; and (3) Liens for real estate taxes and other governmental assessments or charges against the unit. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. The lien under this section is not subject to the provisions of Title 14, section 4651 and Title 18‑C, Article 2, as they or their equivalents may be amended or modified from time to time.   [PL 2017, c. 402, Pt. C, §90 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
(c) Unless the declaration otherwise provides, if 2 or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.   [PL 1981, c. 699 (NEW).]
(d) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.   [PL 1981, c. 699 (NEW).]
(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 6 years after the full amount of the assessments becomes due.   [PL 2019, c. 3, §1 (AMD).]
(f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien, or to prohibit an association from taking a deed in lieu of foreclosure.   [PL 1981, c. 699 (NEW).]
(g) A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party.   [PL 1981, c. 699 (NEW).]
(h) The association shall furnish to a unit owner upon written request a recordable statement setting forth the amount of unpaid assessments currently levied against his unit. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit owner.   [PL 1981, c. 699 (NEW).]
(i) (REALLOCATED FROM T. 33, §1603-116, sub-§(j)) Assessments for common expenses accrue, free from the lien of a foreclosing first mortgagee, from and after the date of sale of a condominium unit pursuant to Title 14, section 6323.   [RR 2011, c. 1, §47 (RAL).]
(j) (Subsection (j) as enacted by PL 2011, c. 368, §7 is REALLOCATED TO TITLE 33, SECTION 1603‑116, SUBSECTION (i))   [RR 2011, c. 1, §47 (RAL).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 1983, c. 78, §3 (AMD). PL 1983, c. 480, §A38 (AMD). PL 1983, c. 816, §A40 (AMD). RR 2011, c. 1, §47 (COR). PL 2011, c. 368, §§6, 7 (AMD). PL 2017, c. 402, Pt. C, §90 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 3, §1 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1999–2026 · leading case: Villas by the Sea Owners Ass'n v. Garrity, 2001 ME 93, 774 A.2d 1115.
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Villas by the Sea Owners Ass'n v. Garrity, 2001 ME 93, 774 A.2d 1115. · cites it 4× “The Association also sought a fine against the Garritys for their alleged violation of the condominium declaration.”
Stage Neck Owners Ass'n v. Poboisk, 1999 ME 52, 726 A.2d 1261. · cites it 2× “33 M.R.S.A. § 1603-116 (emphasis added). [¶ 9] “In construing a statute we look first to the plain meaning of the statutory language to give effect to legislative intent, and if the meaning of the statute is clear on its face, then we need not look beyond the words themselves.”
Oak Hill Condos. v. Diane Marchetti, 2026 ME 31, 354 A.3d 1128. “See 33 M.R.S. § 1603-116(a) (2025); 14 M.R.S.”
Scott v. Fall Line Condo. Ass'n, No. CUMbcd-cv-17-26 (Me. Super. Ct Oct. 4, 2018). · cites it 2× “§ 1603-116(g) provides that a "judgment or decree under this section shall include costs and reasonable attorney's fees for the prevailing party.”
Falmouth Colonial Vill. v. Payne, No. CUMre-13-482 (Me. Super. Ct Apr. 11, 2014). · cites it 2× “) Payne failed to pay the debt owed and on December 10, 2013 plaintiff filed a complaint for foreclosure under the Maine Condominium Act, 33 M.R.S. § 1603-116(b) (2013). In lieu of an answer, defendant Zachary Payne, pro se, filed a letter addressed to plaintiff's attorney…”
Villas by the Sea Owners Ass'n v. Garrity, No. CUMcv-96-430 (Me. Super. Ct Dec. 21, 2000). · cites it 3× “Discussion The plain language of 33 M.R.S.A. § 1603-116 and case law confirm that the Garritys are entitled to attorney fees.”
Sebago Lake Lodge Condo Owners Assoc. v. Herman, No. CUMre-18-300 (Me. Super. Ct May 3, 2021). “) Finally, plaintiff seeks attorney's fees pursuant to 33 M.R.S. § 1603-116(g). (Id. at 4.) Defendant contends that she is not obligated to pay these amounts.”
Tidewater Loft Condo. Ass'n v. Judith L. Moskal-Kanz, 2026 ME 46, 358 A.3d 1094. “3 See 33 M.R.S. § 1603-116(a) (2026). Of note, the court also entered judgment in favor of Tidewater on Moskal-Kanz’s counterclaim, concluding that she had presented no persuasive evidence in support of the claim.”
Muirfield Vill. Condo. Ass'n v. Nault, No. CUMre-10-034 (Me. Super. Ct Sept. 28, 2010). “Count II requests that the defendants be ordered to install the freeze alarm, that they be declared in breach of the Association's rules, and that the court issue a judgment of foreclosure pursuant to 33 M.R.S. § 1603-116 and 14 M.R.S. §§ 6321 and 6322.”
Island Terrace Owners Ass'n v. Unit 91, No. YORre-10-257 (Me. Super. Ct Mar. 22, 2012). “33 M.R.S. § 1603-116(a). That lien may be foreclosed in like manner as a mortgage on real estate.”
48 Bramhall St Condo Ass'n v. Stone, No. CUMre-13-0150 (Me. Super. Ct Dec. 13, 2013). “33 M.R.S.A. § 1603-116(a). Thus, the plaintiff's motion for summary judgment is subject to Rule 56.”
Harrington v. Seaside Condo. Ass'n, No. YORre-12-250 (Me. Super. Ct Nov. 7, 2014). “33 M.R.S. § 1603-116(g) ("A judgment or decree in any action or suit brought under this 7 section shall include costs and reasonable attorney's fees for the prevailing party.”
Me. Rev. Stat. tit. 33, § 1603-116(a): 4 cases
Oak Hill Condos. v. Diane Marchetti, 2026 ME 31, 354 A.3d 1128. “See 33 M.R.S. § 1603-116(a) (2025); 14 M.R.S.”
Tidewater Loft Condo. Ass'n v. Judith L. Moskal-Kanz, 2026 ME 46, 358 A.3d 1094. “3 See 33 M.R.S. § 1603-116(a) (2026). Of note, the court also entered judgment in favor of Tidewater on Moskal-Kanz’s counterclaim, concluding that she had presented no persuasive evidence in support of the claim.”
Island Terrace Owners Ass'n v. Unit 91, No. YORre-10-257 (Me. Super. Ct Mar. 22, 2012). “33 M.R.S. § 1603-116(a). That lien may be foreclosed in like manner as a mortgage on real estate.”
48 Bramhall St Condo Ass'n v. Stone, No. CUMre-13-0150 (Me. Super. Ct Dec. 13, 2013). “33 M.R.S.A. § 1603-116(a). Thus, the plaintiff's motion for summary judgment is subject to Rule 56.”
Me. Rev. Stat. tit. 33, § 1603-116(b): 1 case
Falmouth Colonial Vill. v. Payne, No. CUMre-13-482 (Me. Super. Ct Apr. 11, 2014). “) Payne failed to pay the debt owed and on December 10, 2013 plaintiff filed a complaint for foreclosure under the Maine Condominium Act, 33 M.R.S. § 1603-116(b) (2013). In lieu of an answer, defendant Zachary Payne, pro se, filed a letter addressed to plaintiff's attorney…”
Me. Rev. Stat. tit. 33, § 1603-116(f): 1 case
Villas by the Sea Owners Ass'n v. Garrity, No. CUMcv-96-430 (Me. Super. Ct Dec. 21, 2000). “Discussion The plain language of 33 M.R.S.A. § 1603-116 and case law confirm that the Garritys are entitled to attorney fees.”
Me. Rev. Stat. tit. 33, § 1603-116(g): 5 cases
Villas by the Sea Owners Ass'n v. Garrity, 2001 ME 93, 774 A.2d 1115. “The Association also sought a fine against the Garritys for their alleged violation of the condominium declaration.”
Stage Neck Owners Ass'n v. Poboisk, 1999 ME 52, 726 A.2d 1261. “33 M.R.S.A. § 1603-116 (emphasis added). [¶ 9] “In construing a statute we look first to the plain meaning of the statutory language to give effect to legislative intent, and if the meaning of the statute is clear on its face, then we need not look beyond the words themselves.”
Scott v. Fall Line Condo. Ass'n, No. CUMbcd-cv-17-26 (Me. Super. Ct Oct. 4, 2018). “§ 1603-116(g) provides that a "judgment or decree under this section shall include costs and reasonable attorney's fees for the prevailing party.”
Sebago Lake Lodge Condo Owners Assoc. v. Herman, No. CUMre-18-300 (Me. Super. Ct May 3, 2021). “) Finally, plaintiff seeks attorney's fees pursuant to 33 M.R.S. § 1603-116(g). (Id. at 4.) Defendant contends that she is not obligated to pay these amounts.”
Harrington v. Seaside Condo. Ass'n, No. YORre-12-250 (Me. Super. Ct Nov. 7, 2014). “33 M.R.S. § 1603-116(g) ("A judgment or decree in any action or suit brought under this 7 section shall include costs and reasonable attorney's fees for the prevailing party.”
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