HOW TO EXERCISE THE BOARD’S FIDUCIARY RESPONSIBILITY IN THE MIDST OF A PANDEMIC

April 21, 2020
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We are currently facing an unprecedented crisis in our country and state, forcing us to adapt to conditions unlike any experienced in our lifetimes. Some have compared it to a state of war, circumstances so extraordinary that they justify at least a temporary suspension of basic civil liberties, while others believe that the response has […]

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Court Exonerates Board Member in Multi-Million Dollar Claim

January 16, 2019
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Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association.  After a 25 day bench trial, […]

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Court Holds Homeowners Association May Exclude A Member’s Representative From Board Meetings

June 25, 2013

A new opinion published on June 20, 2013, holds that a homeowners association may exclude an owner’s representative from a board meeting because the representative was not “member” as defined by the association’s governing documents. In SB Liberty, LLC v. Isle Verde Association, Inc., the homeowner formed a limited liability company (“SB Liberty”) to hold […]

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Thou Shall Not E-Mail!

April 24, 2013

For better or worse, E-Mail has changed how common interest developments are governed. It has enabled more volunteer Board members to actively participate in the day to day operation of their common interest developments. Through the use of E-mail, Board members instantly can be apprised by their managing agents as to the status of construction, […]

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