Condominium owners sue Samoset

By Stephen Betts | Jun 22, 2010
Photo by: Stephen Betts The entrance to the Samoset Village is located on Warrenton Street in Rockport.

Rockland — The association that represents 41 condominium owners adjacent to the Samoset Resort has filed a lawsuit against the owner of the resort, saying the company has failed to meet its obligation to the condominium residents.

The lawsuit by the Samoset Resort Village Condominium Association against Samorock LLC was filed June 21 in Knox County Superior Court. Attorney Robert Rubin of Rockport represents the association.

The former owners of the Samoset built the condominium village on seven acres adjacent to the resort and signed an agreement with the association in 1988, spelling out the arrangement. That agreement has been amended several times since then.

The association's lawsuit claims Samorock breached the agreement by not paying for half the cost of the construction of a bathhouse at the association's outdoor pool. A trailer had been at the site and was used as a bathhouse but the lawsuit states that Samorock removed that structure in early 2009. The agreement stated that if the trailer was removed, Samorock would pay half the cost of a new bathhouse.

The bathhouse cost $92,643 and Samorock's share is $46,321, the association maintains. Samorock has not responded to requests for payment, the lawsuit states.

The lawsuit also maintains that the association was promised use of recreational facilities at the resort but Samorock has refused entry by condominium residents to a new outdoor pool built at the resort.

The association also claims it has been denied access to or copies of a variety of financial records from 2008 and 2009 that it is entitled to under the agreement. Those records include bank statements, tax returns, invoices, cash receipt journals, sales journals, cash disbursement journals, accounts payable journals, all outstanding and past contracts, and remaining stationery and office supplies.

"[The association], a not for profit corporation, needs its historical books and records in order to assure continuity in its management to its members," the lawsuit states.

The suit seeks to have the court order Samorock to pay its share of the bathhouse construction, open the resort's pool to condominium residents, and turn over the financial records.

Connie Russell, general manager of the Samoset, said the company does not comment on lawsuits.

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