Nebraska HOA Laws 2026: Nebraska Condominium Act (Neb. Rev. Stat. § 76-825)

Nebraska's Condominium Act (Neb. Rev. Stat. §§ 76-825 through 76-894) provides the legal framework for condominiums in the state. Planned community HOAs in Nebraska operate under their CC&Rs and Nebraska nonprofit corporation law. Nebraska does not have a Planned Community Act, making it similar to Iowa, Maine, and Mississippi in its reliance on CC&R-based governance.

Nebraska Condominium Act: Scope

The Nebraska Condominium Act applies to all condominiums created under it. It establishes the declaration, bylaws, and unit owners' association framework. Nebraska condominiums have a statutory lien for unpaid assessments, perfected by recording in the county register of deeds. Foreclosure of condo liens in Nebraska is judicial.

Planned Community HOAs in Nebraska

Nebraska planned community HOAs operate entirely under their CC&Rs as recorded covenants running with the land. Nebraska courts consistently enforce clear, unambiguous restrictive covenants. The key to successful enforcement in Nebraska is having CC&Rs that clearly state the restriction, the enforcement mechanism, and the fine or remedy.

Assessment and Collection

For planned community HOAs, lien rights must come from the CC&Rs. Most Nebraska planned community CC&Rs include lien provisions. Before recording a lien, send written notice of delinquency to the owner at their address of record. Nebraska requires judicial foreclosure for CC&R-based assessment liens.

2026 Guidance for Nebraska Boards

• Confirm your CC&Rs include clear lien rights for unpaid assessments
• Adopt a written fine and enforcement policy that mirrors your CC&R language
• Keep meeting minutes with motion text, vote counts, and attendance
• Distribute annual budgets before the fiscal year begins
• Respond to record requests promptly under Nebraska nonprofit corporation law