Read the full stored bill text
Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 1132
S.P. 453 In Senate, March 18, 2025
An Act to Further Protect Low-impact Landscaping
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Representative HENDERSON of Rumford and
Senators: HICKMAN of Kennebec, INGWERSEN of York, Representatives: ANKELES of
Brunswick, DODGE of Belfast, DOUDERA of Camden, SATO of Gorham.
Page 1 - 132LR1095(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 33 MRSA §1451, sub-§1, ¶A-1 is enacted to read:
3 A-1. "Limited common element" has the same meaning as in section 1601-103,
4 subsection (16).
5Sec. 2. 33 MRSA §1451, sub-§2, as enacted by PL 2023, c. 376, §1, is amended to
6 read:
72. Prohibition. A restriction may not prohibit or put an unreasonable limitation on
8 low-impact landscaping on any portion of a condominium or real estate subject to common
9 ownership that is not subject to common ownership and that the owner has the right to
10 exclusive use of , including limited common elements, as long as the owner maintains and
11 regularly tends to the low-impact landscaping. Pesticides may not be applied to limited
12 common elements or land within 50 feet of a unit without the express permission of the
13 unit owner.
14SUMMARY
15 This bill prohibits any instrument, such as a deed or bylaw, governing activities on real
16 estate within a condominium or real estate subject to common ownership from prohibiting
17 low-impact landscaping on any portion of a condominium or real estate subject to common
18 ownership, including limited common elements. It also prohibits the application of
19 pesticides on limited common elements or land within 50 feet of a unit without the express
20 permission of the unit owner.
15
16
17
18
19
20