Lamden v. La Jolla Shores Clubdominium HOA

A condominium owner questioned her board of director’s judgment in the execution of termite extermination in her home. She sued the association with the idea that shot treating, rather than fumigating, would reduce the value of her unit. Do boards really need the advice of experts on simple decisions?

Many boards scoff at the need for experts, especially when a member of the board has expertise in a specific area.  Boards may want to rethink the decision making process and use the advice of experts, if for no other reason than protecting themselves from potential personal liability. “Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, covenants and restrictions to select among means for discharging an obligation to maintain and repair a development's common areas, courts should defer to the board's authority and presumed expertise”

LAMDEN v. LA JOLLA SHORES CLUBDOMINIUM HOAhttp://bit.ly/eHeO7x