48 Bramhall v. Stone

Superior Court of Maine, Cumberland, Civil Action No. RE-13-150

In 48 Bramhall Street Condominium Association v. Kelly Moses Stone, the Maine Superior Court dealt with a troubling condominium dispute that escalated into a foreclosure action. At the heart of the case were unauthorized renovations, violations of condominium rules, and prolonged conflict between neighbors in a small three-unit building in Portland, Maine.

Background

Kelly Moses Stone, the defendant, owned Unit 3 at 48 Bramhall Street. Her husband, Brian Stone, obtained a medical marijuana card and proposed using basement storage space for a personal grow operation. The Association initially agreed informally—on the condition that the grow room would not be seen, smelled, or heard.

However, without formal approval, Mr. Stone undertook extensive construction in the common basement area: tearing down staircases, cementing over windows, installing locked steel doors, and combining storage units. These actions violated the condominium’s rules and disrupted other unit owners, particularly the owner of Unit 1, who lived directly above the basement and ultimately moved out.

Assessments and Legal Action

The Association assessed fines against Ms. Stone’s unit for multiple violations, including:

  • Unauthorized construction,
  • Blocking access to shared electrical systems,
  • Storage of personal items in common areas,
  • And creating noise and odors in violation of the initial marijuana grow agreement.

Fines were assessed at $25 per violation and, controversially, $25 per day for ongoing violations. The court upheld the $25 fine per violation but found the daily accrual for ongoing violations excessive and unsupported by industry standards.

By January 2014, the Association calculated over $36,000 owed in fines, but the court ultimately awarded a more limited judgment of $11,795, plus $5,123 in attorney’s fees and $883 in costs. With interest, the total lien came to $17,801.73.

Foreclosure Ordered

The court entered judgment in favor of the Association, ordering foreclosure and sale of the unit if the defendant failed to pay the judgment within 90 days. The defendant and any other occupants were ordered to vacate the premises thereafter.

Key Takeaways

  • Condo associations have broad authority to enforce rules and assess fines—but fines must be reasonable and supported by documentation and precedent.
  • Informal agreements without board votes carry little legal weight, especially when common areas are affected.
  • Unilateral actions in shared spaces, even for otherwise lawful uses like medical marijuana cultivation, can lead to significant liability if they disrupt other residents or violate condo documents.

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