An Act Regarding Actions for Failure To Follow Condominium Association Requirements
Maine Legislature, Session 128, LD 0224
Committee: Judiciary
Sponsors: COLLINS, SHERMAN, HILL, KEIM, WHITTEMORE, BAILEY, BRADSTREET, MOONEN
Amends: 33 MRSA §1603

Legislative Document
No. 224
S.P. 70
In Senate, January 24, 2017
An Act Regarding Actions for Failure To Follow Condominium 
Association Requirements
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator COLLINS of York.
Cosponsored by Representative SHERMAN of Hodgdon and
Senators: HILL of York, KEIM of Oxford, WHITTEMORE of Somerset, Representatives: 
BAILEY of Saco, BRADSTREET of Vassalboro, MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  33 MRSA §1603-111, 2nd ¶, as enacted by PL 1981, c. 699, is amended 
to read: 
If the wrong accrued during any period of declarant control, and if the association 
gives the declarant reasonable notice of and an opportunity to defend against the action, 
the declarant who then controlled the association is liable to the  association or to any unit 
owner:  (1)  For all tort losses not covered by insurance suffered by the association or that 
unit owner; and (2)  for all costs which that the association would not have incurred but 
for the breach of contract or other wrongful act or omission.  In any case where the 
declarant is liable to the association under this section, the declarant is also liable for all 
litigation expenses, including reasonable attorneys' attorney's fees, incurred by the 
association.  During any period in which the control of the declarant is limited to the 
power to approve actions of the association or executive board, as provided in section 
1603-103, subsection (d), the declarant shall be is liable under this section only for losses 
caused by the exercise of declarant's right of disapproval.  Any statute of limitation 
affecting the association's right of action under this section is tolled until the period of 
declarant control terminates.  After the association provides reasonable notice and an 
opportunity to be heard, the association may bring an action against a unit owner or a 
group of unit owners for failure to follow requirements imposed by the declaration, 
bylaws or adopted rules and regulations of the association.  If the unit owner or the group 
of unit owners is found liable, the unit owner or the group of unit owners is also liable for 
all litigation expenses including reasonable attorney's fees incurred by the association in 
bringing the action.  After a unit owner or a group of unit owners provides reasonable 
notice and an opportunity to be heard, the unit owner or the group of unit owners may 
bring an action against the association for failure to follow requirements imposed by the 
declaration, bylaws or adopted rules and regulations of the association.  If the association 
is found liable, it is also liable for all litigation expenses, including reasonable attorney's 
fees incurred by the unit owner or the group of unit owners in bringing the action.  A unit 
owner is not precluded from bringing an action contemplated by this section because he 
the unit owner is a unit owner or a member or officer of the association.  Liens resulting 
from judgments against the association are governed by section 1603-117, other liens 
affecting the condominium. 
SUMMARY 
This bill provides that, following reasonable notice and an opportunity to be heard, a 
condominium association may bring an action against a unit owner or a group of unit 
owners for violating requirements imposed by association documents and that, following 
reasonable notice and an opportunity to be heard, a unit owner or a group of unit owners 
may bring an action against an association for violating requirements imposed by those 
same documents.