Key Takeaways:
- Make sure that the Homeowners Association (HOA)/Condominium board of directors includes protocols wherein its owners are aware of the rules (declaration and by-laws) and have appropriate expectations when living in the community.
- In litigation, courts sometimes intervene and substitute its finding for the board’s finding in accordance with the business judgment rule, but are prohibited from intervening where the board acted in good faith and exercised honest judgment in the lawful and legitimate furtherance of the HOA/condo.
- Boards should regularly work