Legal Question in Real Estate Law in Maine
False Information from condo Board
I purchased a condo last August. The unit had a stove in the kitchenette, installed by the seller with the blessing of the then current President Of the Homeowners association who claims to have checked with the ''town'' and that there were no town ruling that prohibited the stove.(This is documented in minutes from an Association meeting) I have now been served with a notice from the town demanding the stove be removed.
Based on the condo documents, offices on the board cannot be sued. Can I sue the association? I hate to go after the previous owner since he was also misled by the association president.It is going to cost me to re-do the kitchen in the condo, once I remove the stove.
1 Answer from Attorneys
Re: False Information from condo Board
Without reviewing the Board's minutes and better understand the potential proof that you could bring to bear in a case, I cannot comment on the chances of success of a lawsuit brought on your behalf against the prior owner, any building inspector you hired pre-sale, or the association. However, you are correct that the individual Board members do not have personal liability absent fraud or serious misconduct, but the association can be sued as a party if it is determined that the organization may be responsible.
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