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Appeals Court Concludes That Condominium Board Does Not Have the Ability to Dismiss Lawsuit Where Majority of Board Had Conflict of Interest

/ Owner - March 27, 2017

Condominium developers have long employed creative measures for avoiding liability for deficient construction – whether it’s baking self-serving anti-litigation provisions into the condominium documents or using single-purpose asset-less entities to develop the condominium. One practice that developers have commonly employed – after they have been sued by the association – is to “pack” the condominium board with pro-developer shills. A 2016 Appeals Court decision indicates, however, that courts may not look favorably on a developer’s board-packing scheme.     Read the article………………………

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