Court Says Association’s Actions Were Protected by the “Business Judgment Rule”

New York Supreme Court, Appellate Division decision (October 18, 2017).

In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach of fiduciary duties. Interestingly, the HOA plaintiffs’ claims against the association and the directors were precipitated by conditions that were caused by the plaintiffs.