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

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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