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Educational Articles & Case Decisions by Category
Recent Articles & Case Decisions
Find out Who is Protected by the Business Judgment Rule
Find out Who is Protected by the Business Judgment Rule
This case involved claims by the owner of a N.Y. Co-Op (“Owner”) against the Co-Ops board of directors (“Board”) and managing agent (“Manager”) for damages based on a failure to properly maintain the exterior of the building.
Court Says Board Cannot Make Repair and Maintenance Decisions in Executive Session Meetings
Court Says Board Cannot Make Repair and Maintenance Decisions in Executive Session Meetings
This case involved a dispute between the owner of a townhouse (“Owner”) and her homeowners association (“Association”) over the removal of common area trees.
Disgruntled Association Member Gets Hit with 7 Figure Judgment
Disgruntled Association Member Gets Hit with 7 Figure Judgment
This case involved a dispute between two husband-wife couples who are members of a homeowners’ association (“Association”) that governs a luxury condominium complex.
Court Awards $500,000 to HOA and Homeowner
Court Awards $500,000 to HOA and Homeowner
This case involved a dispute between the owner of a property located within a common interest development (“Owner”), the governing homeowners association (“Association”), and the joint owners of a neighboring property (“Neighboring Owners”). The dispute was over Association’s approval and Neighboring Owners’ construction of modifications to their existing home, or the construction of an entirely new home, in a manner that blocked the view from Owner’s property. Owner’s complaint alleged claims against Association for breach of fiduciary duty and declaratory relief and claims against both Association and Neighboring Owners for breach of Association’s CC&Rs.
Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer
Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer
This case involved a dispute between condominium owners (“Owners”) and their condominium owners’ association (“Association”) over the application of the “Business Judgment Rule” in a manner that protects Association from Owners’ claims for negligence when there has not been a showing of fraud, bad faith, or self-interest.