HOAs: The Business Judgment Rule protects boards but is not a free pass
Courts normally defer to HOA boards as long as the Business Judgment Rule is followed. The State Supreme Court said so in 1999, while deciding Lambden v. La Jolla Shores. In the Lambden case, a homeowner contended the board should have responded to a termite problem with fumigation instead of spot treatment. The court held that as long as the board followed the rule, “courts should defer to the board’s authority and presumed expertise.” Read the article………….
As we head into the last two weeks of the 2013 Legislative Session, it looks like there will be at
Court Holds That Associations Must Provide Equal Access To Association Media and Common Area For Members To Advocate Their Positions As Part Of The Balloting Process
Every board of directors for every condo or homeowners association has been there; the board wants to do something that
This case, filed on Jan. 24, involves a complex consisting of four condominiums. The Lazos own three of the condos