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The Business Judgment Rule Requires Informed, Reasoned and Good Faith Decision-Making

Business Owner
By Grant Turner, Esq. To paraphrase the famous quip, “good judgment comes from experience, and experience comes from poor judgment.” Such witticism is embodied in the legal doctrine known as the Business Judgment Rule. Since Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249, the Business Judgment Rule has been used to
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Avoiding Illegal Board Activity and Lawsuits

Business Law
By: Sharon Glenn Pratt No CID wants to be sued, and in the event that a board is faced with defending a lawsuit, it of course wants to be found not liable for whatever is being alleged. One of the best ways to avoid litigation is for the board to encourage transparency and to steer
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Is Your Homeowners Association Unknowingly Engaging in Prohibited Discrimination?

Real Estate
By: Patricia Wendleton Do any of these situations sound familiar?  A resident of the association is so obsessed with association rules that he or she engages in unauthorized policing of the association property.   A resident is hypersensitive to noise, such as children at play in the common area, and constantly complains.  One of the residents
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The Three Important I’s: Immunity, Insurance and Indemnity

Real Estate HOA
Living in a homeowner’s association certainly has its benefits and burdens, with the latter sometimes appearing to outweigh the former.  This article addresses three essential areas which help ease any such burden, provided certain requirements are met.  In particular, board members and homeowners serving as agents of the association enjoy the safeguards of immunity, insurance,
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