While there are no statutes that specifically regulate homeowners associations, there are some state laws that can still apply to them. Learn about the Nebraska HOA laws here.
For Condominiums
There are two Acts that regulate condominium associations in Nebraska. The first is the Nebraska Condominium Property Act, which oversees the creation, operation, and management of condo regimes formed prior to January 1, 1984. The second is the Nebraska Condominium Act, which applies to condo regimes established after January 1, 1984.
Nebraska Condominium Property Act
You can find the Nebraska Condominium Property Act under Chapter 76 of the Nebraska Revised Statutes. It consists of 25 sections, namely:
- Act, how cited
- Terms, defined
- Condominium property regime; established
- Condominium property regime; effect of establishment
- Apartment; form of ownership
- Apartment; ownership rights; value; computation
- Common elements; not subject to partition or liens; treatment; rules against perpetuities and unreasonable restraints on alienation; not applicable
- Co-owner; use of common elements; responsibility for maintenance, repair, and replacement
- Master deed; contents; execution; recording
- Master deed; plans attached; boundaries
- Apartments; conveyance; legal description
- Disposition of property; vote of co-owners required; effect
- Condominium property; divided; added to; deleted; procedure; recomputed basic value
- Merger; no bar to subsequent constitution into another condominium property
- Administration; bylaws; attach to deed
- Bylaws; contents
- Board of administrators; records; examination; condominium statement; filing with register of deeds
- Expenses; pay pro rata share; failure or refusal; lien; waiver; effect
- Sale of apartment; expenses; deducted from sale
- Purchaser; seller; debts owing; liability; tort and contract liability
- Insurance; requirements; deficiency in insurance coverage
- Insurance proceeds insufficient to reconstruct buildings; co-owners liable; property owned by co-owners; effect
- Repealed
- Repealed
- Taxes and assessments; how assessed and collected
Nebraska Condominium Act
You can find the Nebraska Condominium Act under Chapter 76 of the Nebraska Revised Statutes. It consists of four parts, each one divided further into sections.
Part 1 – General Provisions
- Act, how cited
- Sections, applicability
- Terms, defined
- Sections; variance, evasion, and waiver; prohibited
- Unit; separate treatment; taxation
- Applicability of local ordinances, regulations, and building codes
- Unit; eminent domain; conditions
- Supplemental, general provisions of law applicable
- Construction against implicit repeal
- Uniformity of application and construction
- Severability
- Unconscionable agreement or term of contract
- Obligation of good faith
- Remedies; how administered and enforced
Part 2 – Creation, Alteration, And Termination Of Condominiums
- Creation of condominium; procedure; additional units
- Common elements; unit boundaries
- Construction and validity of declaration and bylaws
- Legal description of unit; requirements
- Declaration; contents
- Leasehold condominiums; requirements
- Allocation of common elements, expenses, and votes; how made
- Limited common elements; allocation; how made
- Plats and plans; requirements
- Exercise of development rights
- Alteration of units
- Relocation of boundaries between units; procedure
- Subdivision of units; procedure
- Easement for encroachment
- Use for sales purposes; restrictions
- Easement through common elements
- Amendment to declaration; procedure
- Termination of condominium; distribution of proceeds; foreclosure of lien; effect
- Rights of secured lenders; restrictions on lien
- Corporation, unincorporated association, master association, executive board; powers authorized
- Merger or consolidation of condominiums; procedure
Part 3 – Management Of Condominium
- Unit owners association; organization
- Unit owners association; powers
- Executive board; members and officers; powers and duties; condominium statement; filing with register of deeds
- Transfer of special declarant right; procedure; transferor; successor; liabilities
- Termination of contracts and leases of declarant
- Bylaws of association; contents
- Upkeep of condominium; duties
- Association; meetings
- Quorums
- Voting; proxies
- Tort and contract liability
- Conveyance or encumbrance of common elements; procedure
- Insurance; requirements
- Surplus funds; distribution
- Assessment for common expenses
- Lien for assessments
- Payments to escrow account; use
- Liens affecting the condominium
- Association records
- Association as trustee
Part 4 – Protection Of Condominium Purchasers
- Applicability; waiver
- Public-offering statement; requirements
- Public-offering statement; general provisions
- Public-offering statement; conversion building; information required
- Public-offering statement filed with Securities and Exchange Commission; effect
- Delivery of public-offering statement; purchaser’s rights
- Resale of unit; information required
- Sale or conveyance of unit; release of liens
- Conversion buildings; rights of tenants
- Express warranties; creation
- Implied warranties of quality
- Repealed
- Warranties; statute of limitations
- Repealed
- Effect of violations on rights of action; attorney’s fees
- Labeling of promotional material
- Declarant; liability for repair and restoration
- Conveyance of unit; when authorized
Nebraska HOA Laws on Corporate Governance
The Nebraska Nonprofit Corporation Act regulates non-profit corporations when it comes to corporate procedure, structure, and management. Most of the associations in Nebraska are established as non-profits, which means they are governed by this Act.
You can find the Nebraska Nonprofit Corporation Act under Chapter 21, Article 19 of the Nebraska Revised Statutes. It consists of 17 parts, namely:
- General Provisions – Sections 21-1901 through 21-1919
- Organization – Sections 21-1920 through 21-1926
- Purposes And Powers – Sections 21-1927 through 21-1930
- Names – Sections 21-1931 through 21-1933
- Office And Agent – Sections 21-1934 through 21-1937
- Members And Memberships – Sections 21-1938 through 21-1950
- Members’ Meetings And Voting – Sections 21-1951 through 21-1967
- Directors And Officers – Sections 21-1968 through 21-19,104
- Amendment of Articles of Incorporation And Bylaws – Sections 21-19,105 through 21-19,117
- Merger – Sections 21-19,118 through 21-19,124
- Sale Of Assets – Sections 21-19,125 through 21-19,126
- Distributions – Sections 21-19,127 through 21-19,128
- Dissolution – Sections 21-19,129 through 21-19,145
- Foreign Corporations – Sections 21-19,146 through 21-19,164
- Records And Reports – Sections 21-19,165 through 21-19,172
- Publication – Section 21-19,173
- Transition Provisions – Sections 21-19,174 through 21-19,177
Reinstatement of Dissolved Homeowners Associations
When a homeowners association dissolves in accordance with the Nebraska Nonprofit Corporation Act, it has the option to apply for reinstatement. The Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act defines the process for reinstatement and its requirements, which involves applying to the Secretary of State.
You can find the Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act under Chapter 18, Article 31 of the Nebraska Revised Statutes. It consists of five sections, listed below.
- Act, how cited
- Terms, defined
- Municipality; action to be appointed custodian
- Appointment of municipality as custodian; findings; hearing; powers; compensation; costs; lien; recording; foreclosure; termination of custodianship; withdrawal or termination of custodianship
- Dissolved homeowners association; reinstatement; procedure; fee; Secretary of State; duties; effect of reinstatement
Nebraska HOA Laws on Liens
Under the HOA laws of Nebraska, when a homeowner fails to settle their dues, late fees, or interest, the HOA can attach a lien to their property. The association must record this lien with the county land records. This notice must include the dollar amount of the lien as well. The association can subsequently foreclose on this lien.
However, if an HOA places a lien on a property because of unpaid dues, it might enforce the lien within 3 years after the fees become due. Otherwise, the lien becomes void. Nebraska law allows homeowners to request a statement of their unpaid dues from the association. The HOA then has 10 business days to respond after receiving the request.
Fair Housing
Much like other states, Nebraska has its own laws preventing housing discrimination. Under the Nebraska Fair Housing Act, associations may not discriminate against homeowners based on their race, color, national origin, religion, sex, handicap, or familial status. It resembles the provisions found in the federal Fair Housing Act.
Victims of housing discrimination can lodge a complaint with the U.S. Department of Housing and Urban Development or the Nebraska Equal Opportunity Commission. On the other hand, victims can also file a lawsuit in state or federal court.
