Condo Owners Sue Stowe

Stowe, VT – Approximately 300 condominium owners at Stowe Mountain Resort’s Spruce Peak Village have sued several entites, including the ski area’s owner, over fees charged in connection with ownership of their units.

Spruce Peak Village (photo: Stowe Mountain Resort)
Spruce Peak Village (photo: Stowe Mountain Resort)

In the lawsuit filed last week in U.S. District Court in Burlington, the owners allege that after a three year period between the purchase of the units and the closings in 2008 as a result of construction delays, a clause was inserted deep within hundreds of pages of legal language that resulted in hotel-type fees being charged at more than twice what was estimated at the time of purchase.

The owners allege that they were not offered the opportunity to back out of their purchase contracts. They assert through the litigation that they are shouldering 90 percent of the cost of running the property, even though Stowe Mountain Resort owns and leases commercial space on the premise. The lawsuit also contends that the owners are not able to take over management of their own units as is customarily the norm with condominiums.

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“It’s quite clear that the agreement and covenants in question are likely beyond the comprehension of even a well-educated layperson,” commented David B. Cronheim, Chief Legal Correspondent for First Tracks Online. “Generally, however, the law is not quick to relieve purchasers of real property from the duty to thoroughly review any agreement before signing it. The case hinges upon the plaintiffs’ ability to prove the bait-and-switch tactics they allege as the agreement, on its face, seems to fall within the general framework of what most lawyers would expect to see in a deal of this nature.”

Stowe Mountain Resort is owned and operated by Chartis, a subsidiary of insurance giant AIG. A spokesperson for Chartis has indicated that they believe the firm did nothing wrong and intend to vigorously defend the lawsuit.

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