Attorney obtained summary judgment on behalf of the individual members of a condominium's board of trustees
Attorney obtained summary judgment on behalf of the individual members of a condominium's board of trustees. Plaintiff's condominium unit suffered extensive interior water damage when an upstairs unit owner's washing machine failed. In addition to the interior damage, common elements were also damaged. Plaintiff sued the condominium association and the individual trustees claiming multiple breaches of fiduciary duty after the association refused to repair the common elements which had to be repaired before the interior damages could be addressed. The association maintained that since the damage originated from an upstairs unit, the upstairs unit owner, and not the association, was responsible for the common element repairs. The court granted summary judgment to the individual trustees holding that the trustees were entitled to the benefit of the business judgment rule and a finding of good faith since the association acted on the advice of counsel.