Vitorino America v. Sunspray Condominium Association

[¶ 1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium’s smoking ban. He appeals from a judgment entered in the Business and Consumer Docket (Horton, J.) dismissing, pursuant to M.R. Civ. P. 12(b)(6), the counts of the complaint related to the smoking ban. America contends that the court erred in (1) finding that he did not have…