Condo, Co-Op & HOA Liability
MMP&S offers representation and protection from personal liability to individual volunteers who make decisions while acting as officers or directors on behalf of an association. Directors and Officers (D&O) insurance coverage is additional to the Association’s general liability policy and covers board negligence, breach of fiduciary duties and other errors and omissions (E&O), provided the alleged conduct was within the scope of the officer or director’s duties, performed in good faith, and not willful, wanton, or grossly negligent.
Our clients include corporations, partnerships, nonprofits (e.g., hospitals, school boards, condominiums, cooperatives, homeowner/property owner associations), homeowner boards and board members, property management companies, individual directors and officers, committee members and agents. The defense and representation of these individuals and entities requires our attorneys to regularly analyze management and leasing contracts, and governing documents of the Association. We often work directly with the Association’s general counsel to ensure a comprehensive, cost-effective and tailored approach to our defense strategy for each client. We strive to resolve litigation as quickly as possible to prevent tension and discourse among the community’s owners and officers.
Our Directors & Officers attorneys have successfully represented defendants in claims involving:
- Breach of fiduciary duty
- Public/private nuisance
- Alleged discrimination and retaliation
- Alleged civil rights violations and related issues
- Breach of contract/lease
- Civil conspiracy
- Restraining orders/injunctions
- Real property (e.g., covenants, conditions, easements, charitable grants, adverse possession, warranty of habitability)
- Complex doctrines, distinctions and exceptions (e.g., rule against perpetuities, intra-corporate/intra-enterprise conspiracy doctrine, business judgment rule)
- Risk management protocols to pre-empt formal claims
- Constructive and actual eviction
- Election irregularities and special elections
- Misappropriation of funds