# Giroux v. Indian Point Owners Ass'n > Superior Court of Maine · October 26, 2011 URL: https://www.frixlaw.com/law-library/cases/10809726 ## Case - **Court:** Superior Court of Maine - **Decided:** October 26, 2011 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Nancy Mills - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10809726 ## Opinion text STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DQCKET NC? CV-10-12p / jI! (\11 - C '" (n -" :")J/-, l')(.J'e- o ; / .tl L-, . .. {(".J . RONALD E. GIROUX, SR, Plaintiff v. ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT INDIAN POINT OWNERS ASSOCIAnON, Defendant Before the court is defendant Indian Point Owners Association's motion for summary judgment on all counts of plaintiff Ronald E. Giroux, Sr.'s complaint. For the following reasons, the motion is granted. BACKGROUND The following undisputed facts are taken from the defendant's statement of material facts. l Since 1988, the plaintiff has owned a cottage unit number 14 located within the Indian Point Seasonal Condominium Properties. (Def.'s S.M.F. f unit owners."), and Conn. Gen. Stat.§ 47- 244(a)(11) (2011) (Association is permitted to "levy reasonable fines for 'violations of the declaration, bylaws, rules and regulations of the association."), with N.C. Gen. Stat. § 47C-3- 102(a)(11) (2011) (The association may "[i]mpose charges for late payment of assessments ... and levy reasonable fines not to exceed one hundred dollars ($100.00) for violations of the declaration, bylaws, and rules and regulations of the association."). 3 Courts have, however, rejected as unreasonable fines of $25 per day. Stonington Landing Condo. Ass'n, 2009 Conn. Super. LEXIS 3398 at *24 (declaring a $25 per day fine for altering a floor and window unreasonable); see Tr. of the Residences at Chestnut Hill Condo. Trust v. Jacobs, 2006 Mass. Super. LEXIS 386, *20 (Mass. Super. Ct. Aug. 14, 2006) (finding that the $13,500 fine assessed for planting a vegetable garden and digging dog graves reasonable but the $16,283.28 in fees and expenses unreasonable; the court awarded $12,000 in fees and expenses). In this case, the defendant seeks more than $100,000.00 for the plaintiff's installing a fence, cutting two trees, and placing items in an easement. That is not reasonable but is, instead, extreme and arbitrary. Although authorized to do so, the defendant made no effort to collect the fines. (Def.'s Ex. 14, Art. VI(B)(i).) If the plaintiff had not filed his complaint, prompting a counterclaim, presumably the fines would still be accruing at the rate of $100.00 per day. See Me. Sch. Admin. Dist. No. 27 v. Me. Pub. Employees Ret. Sys., 2009 ME 108, 1 16, 983 A.2d 391, 396 ("Laches is negligence or omission seasonably to assert a right. It exists when the omission to assert the right has continued for an unreasonable and unexplained lapse of time, and :uhtler circumstances where the delay has been prejudicial to an adverse party, and where it would be inequitable to enforce the right." (quoting Fisco v. Dep't of Human~- 659 A.2d 274, 275 (Me. 1995))). Although the =<'"~ defendant threatened litigation, the defendant took no action until the plaintiff filed a complaint. (Def.'s Ex. 8.) Assuming, however, that the plaintiff's knowledge of his obligation to pay precludes a determination of prejudice necessary to establish latches, a fine in the amount of $100.00 per day for the fence and easement infractions is unreasonable considering all of the circumstances of this case. 4 A similar analysis applies to the defendant's request for injunctive relief. Pisco v Dep't of Human Servs., 659 A.2d 274, 276 (Me. 1995) (quoting Sargent v. Coolidge, 455 A.2d 738, 743 (Me. 1981)). Further, the defendant has not shown irreparable injury. Ingraham v. Univ. of Maine, 441 A.2d 691, 693 (Me. 1982). The court may consider the behavior of the parties and the circumstances of this case. The court will impose a fine of $5.00 per day from July 15, 2007 until the date of this judgment for the fence and easement infractions. This fine totals $7,820.00. The fine for the cutting of two trees is $1,000.00. (Def.'s Ex. 13.) The defendant submitted invoices for attorney's fees through July 26, 2011 only. Further, the bylaws provide for recovery of reasonable attorney's fees and "the costs of the proceeding." Attorney's fees of $16,986.00 are awarded plus costs as allowed by rule and statute. Interest at the rate of 12% is allowed on condominium fees, due April 1 of each year, that are in arrears. No interest rate is specified for fines. The entry is Judgment is entered in favor of the Defendant Indian Point Owners Association and against the Plaintiff Ronald Giroux on the Defendant's Counterclaim in the amount of $8,820.00 plus attorney's fees of $16,986.00, plus prejudgment interest at the rate of 3.41% and post-judgment interest at the rate of 6.30%, plus costs. ~~FThe Defendant's Request for Injunctive Relief is denied. Date: October 26, 2011 5 MAINE JUDICIAL INFORMATION SYSTEM 08/05/2011 asoper CUMBERLAND COUNTY SUPERIOR COURT mjxxi048 CASE PARTY ADDRESS BOOK RONALD E GIROUX SR VS INDIAN POINT OWNERS ASSOCIATION UTN:AOCSsr -2010-0025744 CASE #:PORSC-CV-2010-00120 -------------------------------------------------------------------------------- ~R~O~N~A=L~D--=E~·_;G=I~R~O~U~X~,-=S~R~----------------------------------------- ~P=L_____________ FRANK, ERIKA L. Tel# (207) 892-8484 936 ROOSEVELT TRAIL UNIT 4 WINDHAM ME 04062 INDIAN POINT OWNERS ASSOCIATION DEF SAWYER, LAWRENCE Tel# (207) 892-2112 PO BOX 1177 WINDHAM ME 04062 DYER, DAWN D. Tel# (207) 892 2112 PO BOX 1177 WINDHAM ME 04062 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10809726. Public record. Not legal advice.