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Homeowners Association (HOA) Business Judgment Rule

Patton Sullivan Brodehl LLP

“Business Judgment Rule” Applies to HOAs

California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more

Farrell Fritz, P.C.

Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks

Farrell Fritz, P.C. on

The Lattingtown Harbor Property Owner’s Association, Inc., (“POA”) entered into a license agreement, dated November 29, 2017, with another member, Peter Tully, granting an exclusive right to affix private docks to the POA’s...more

Allen Matkins

Are A Breach Of Fiduciary Duty And A Breach Of Governing Documents “Non Bis In Idem”?

Allen Matkins on

Last week, I discussed the Court of Appeal’s consideration of whether the business judgment rule protects a director from claims based on breach of the corporation’s governing documents. See Does The Business Judgment Rule...more

Allen Matkins

Does The Business Judgment Rule Protect Directors Who Violate Governing Documents?

Allen Matkins on

Under the business judgment rule, a director will not be liable for a mistake in business judgment provided that certain conditions are met. In the case of a California nonprofit mutual benefit corporation, a director who...more

Allen Matkins

Did 19 Law Professors Get The Business Judgment Rule Wrong?

Allen Matkins on

In yesterday’s post, I wrote about the amicus curiae brief filed by 19 law school professors in Friedrichs v. California Teachers Ass’n, a case now pending before the United States Supreme Court.  Being a California corporate...more

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