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Keywords

contractbreach of contractdamagesfiduciaryfiduciary dutyspecific performance

contractbreach of contractdamagesfiduciarycompensatory damagesfiduciary dutybreach of fiduciary dutyspecific performance

Related Cases

Brown v. Compass Harbor Village Condominium Association, 229 A.3d 158, 2020 ME 44

Facts

Kathy S. Brown and Charles R. Maples, condominium unit owners, brought action against the Compass Harbor Village Condominium Association and its declarant, Compass Harbor Village, LLC, alleging breaches of contract and fiduciary duty, as well as violations of the Maine Unfair Trade Practices Act. The owners claimed that the association failed to maintain the common areas and exteriors of the units, leading to significant deterioration and loss of value. Additionally, the association did not hold formal meetings or votes, ignoring the owners' requests for financial records and maintenance issues, which caused frustration and mental anguish for the owners.

The Owners presented evidence that four units at Compass Harbor have recently sold at an average loss of about $53,000.

Issue

Did the condominium association and declarant breach their contractual and fiduciary duties to the unit owners, and were the owners entitled to damages and specific performance under the Maine Unfair Trade Practices Act?

Rule

The court applied principles of contract law and fiduciary duty, as well as the Maine Unfair Trade Practices Act, which prohibits unfair methods of competition and deceptive acts in trade or commerce.

Analysis

The court found that the condominium association's failure to maintain the property and hold formal votes constituted breaches of contract and fiduciary duty. The evidence supported the owners' claims for damages due to the loss of value of their units and the mental anguish caused by the association's neglect. However, the court determined that the actions of the declarant did not fall under the UTPA's definition of trade or commerce, leading to the vacating of the UTPA claim.

The court found that the condominium association's failure to maintain the property and hold formal votes constituted breaches of contract and fiduciary duty.

Conclusion

The court affirmed the judgment in favor of the owners for breach of contract and fiduciary duty, awarding damages but vacated the specific performance order and the UTPA claim judgment.

Who won?

Kathy S. Brown and Charles R. Maples prevailed in their claims for breach of contract and fiduciary duty, as the court found sufficient evidence to support their claims and awarded them damages.

The Owners are entitled to compensatory damages for their claims for breach of contract and breach of fiduciary duty.

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