Legal Lessons & Disclosure


Requirements Related to building inspections and the collapse of Champlain Towers


As homeowners’ associations and condominium owners’   also has the duty of good faith, reasonable inquiry, and  decisions made in good faith, with reasonable inquiry and ordinary care are protected. The Courts generally do not question the business decisions made by a board of directors, but Courts do question whether they were made in good faith with reasonable inquiry and ordinary care.


A board that receives an inspection report showing structural concerns has a duty to disclose that information.


A board of directors that receives an inspection report, or engineering report, showing structural concerns most likely has a duty to disclose that information to the individual owners and tenants in a timely manner and make reasonable inquiry into the best solutions.


By Gwendolyn Cornwell, Esq.


especially more recently in the discussions surrounding the condo collapse in Surfside, Florida. As with many legal questions, the answer is, “it depends”.


W Document Review Requests


When an owner requests access to association documents, they generally have a right to all documents other than litigation, current contract negotiations, and personal data of others. This is true under all statutes for associations, whether homeowners’ associations or condominium  


Document Disclosure Prior to Request


When a board of directors receives an inspection report or engineering report, what is their duty of disclosure?


10 Community Associations Journal | October 2021 Good Faith


hat should a board of directors disclose to owners? This question comes up from time to time and


The Board of Directors has a duty to act in good faith toward the association and owners. As each owner has partial ownership of the common element structures, the duty of good faith requires that they be provided with the  members regarding their recommendations on addressing any structural issues, but likely does not permit the board of directors to withhold the fact that there are structural issues to be addressed.


Board members that intentionally misrepresent information to owners may be personally liable for damages.


Reasonable Inquiry and Ordinary Care


The board of directors has a duty to make reasonable inquiry into structural concerns presented to them in an engineering report or inspection report and address them


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