Tag Archives: held

Meeting Moment – Fatal Flaws

Most of the time difficult situations that arise during a meeting can be resolved on the spot, but occasionally, “fatal flaws” arise: those few errors or situations that arise that cannot be fixed at that meeting. 

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GA: Court divided over roaming alligator

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

A divided Georgia Court of Appeals panel has ruled that a golf club and homeowners association may be held liable for damage inflicted by alligators that patrol a system of lagoons.
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The Business Judgment Rule and the Board

The business judgment rule requires members of the board of directors to exercise ordinary and reasonable care in performing their duties to an association.  This rule seeks to strike a balance between potential overdelegation on the one hand, and completely concentrated power on the other.  Under the business judgment rule, a board member will not be held personally liable for her actions that, although harmful to the association, were accomplished through the exercise of reasonable care.

Board members must carefully supervise individuals with whom the board has delegated authority.  Board members are often found to be in conflict with the business judgment rule when they depend too much on association managers or other employees. An association’s declaration may limit the board’s authority to delegate by stipulating the duties that are and are not delegable and which board members have the power to delegate.

It is also essential for board members to act

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Association Liability

Latest articles about condo’s and HOA’s, found on the internet, compiled by the Community Associations Network

Without a doubt, the most common question I am asked as an attorney by my homeowners association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop itself from being sued. However, it is important to understand that the clients are asking the wrong question. Instead, they should be asking what the association can do to protect itself from being held liable in a lawsuit.
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