When making decisions, association boards are at risk of upsetting their residents; but, what happens if the court becomes involved? In this case, the business judgment rule may be your best tool as an association. So, what is the business judgment rule and how can it be used?
By: Jessica Vail & William Payne, PE
Doors difficult to open. Strange smells in corridors and lobbies. Inconsistent temperature regulation. These are all very common issues in high-rise buildings which are usually due to poor ventilation and building pressurization. It is in the best interest of the building and its tenants to have a Professional Engineer conduct a property condition assessment to find the root of the problems and make professional recommendations to alleviate the ongoing issues.
[Read more…] about We always allowed residents some leeway with decorating their doors, especially with wreaths. Our rules say nothing is allowable outside resident units. A problem tenant has gone too far with an elf hanging from a noose. He says if he must remove the elf, everyone has to remove their wreaths. Is that true? Also can we remove the elf ourselves and hold it in the office until after the holidays?
[Read more…] about If there is a disagreement between the board and manager how to present a report, who is the report represented from? Meaning if the manager is uncomfortable are they obligated to present the report as the board directs (on behalf of the board) or may they insist the board present the report themselves?