Chapter News
with ordinary care. Whether a second opinion is needed, whether to hire an architect or a structural engineer; these to make in good faith. A decision to ignore the report, however, is likely a breach of the duty of reasonable inquiry and ordinary care.
Intentional Torts
Board members that intentionally misrepresent information to owners may also be personally liable for damages. Board members’ actions are protected when acting in good faith on behalf of the association. However, intentional torts may themselves personally liable for actions they thought were protected.
Disclosure of information (other than personal data, litigation matters, and contracts under negotiation) is the general rule. Association members have the right to association information, as they are the owners of the property. Board members are elected to act in the interests of the association and its members. Their decisions may not be what others would make, but if they are made in good faith, with reasonable inquiry and ordinary care, those decisions are protected.
Association members have the right to association information, as they are the owners of the property.
However, the duty to act in good faith with reasonable inquiry and ordinary care includes disclosure of information to association members. And intentionally misrepresenting that there is no problem to disclose, may open board rule does not eliminate liability for intentional misconduct.
does not eliminate liability for intentional misconduct.
The best practice is to disclose association information to association members.
RUFF CONSTRUCTION, INC.
ruffconstruction.com | 425.487.0702
New CAI Credentials
In September 2021, these community managers earned the following CAI credentials:
CMCA
Jacqueline Barbin, CMCA Jeanette Brennan, CMCA Michelle N. Dick, CMCA Susan A. N. Hill, CMCA Natalie Holmes, CMCA Marianne Nahay, CMCA Nancy Post, CMCA Donald Westman, CMCA
AMS Tina M. London, CMCA, AMS
Community Associations Webpage Free Resources
COVID-19 Pandemic
wscai.org/resources/covid-19-community-associations
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