Directors and Officers

Condominium association directors generally owe a fiduciary duty to the association they serve. As a fiduciary, a director owes grave duties of loyalty and good faith to the association. This relationship is one of trust that finds its roots in contract, statute, and the common law. While directors owe this high duty of care to the association, under the right circumstances, a director may seek to have the association cover any liability or expense incurred to defend the director against accusations of wrongdoing. This is the principle of indemnity.Continue Reading Condominium Association Directors in Florida Can Seek Indemnification for Actions Brought Against Them by the Association Itself

In my last condominium blog post, I discussed a recent case from Florida in which a condominium unit owner sued a condominium association for allegedly failing to maintain and repair the condominium roof, which resulted in damage to the unit owner’s property. The United States Court of Appeals for the Fifth Circuit recently published an opinion on a similar case out of Louisiana, in which a condominium unit owner sued a condominium association for failure to procure adequate flood insurance and failure to pursue an insurance claim on the unit owner’s behalf.Continue Reading Clerical Errors in Insurance Policies Can Raise Complex Issues in Litigation

Most property insurance claims only involve two parties, the insured and the insurer. Sometimes, however, property claims can get more complicated and involve third parties, implicating liability insurance policies. This is exactly what happened in Eastpointe Condo. I Ass’n, Inc. v. Travelers Cas. & Sur. Co. of America, 379 Fed. Appx. 906 (11th Cir. 2010).Continue Reading Property Damage Claims Can Also Implicate Liability Insurance Issues