Custom Built Homes v. Hampton Management Corp.

MEMORANDUM DECISION AND ORDER GRANTING THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS INDIVIDUAL UNIT OWNERS AND DEFENDANTS MORTGAGEES AND DENYING THE PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

GENE CARTER, District Judge.

The issue before the court is whether the failure to properly incorporate a condominium association prior to the first transfer of an individual unit nullifies the creation of the condominium itself under the Maine Condominium Act. In Count I of the underlying action,1 the plaintiff, a building contractor, seeks to perfect a workmen’s lien filed against a condominium…