QUESTION
Can I be sued for disclosing info to homeowners that ongoing work in the community is sub-standard (leaks, cracks) and done w/o engineer''s report?
Asked on Nov 10th, 2011 on Corporate Law - New York
More details to this question:
Four other board members voted in secret to hire the community''s attorney to send me a threatening letter demanding my slience and accusing me of a breach of my fiduciary duty and saying that I will be personally liable and will be sued. This happened after I said I was going to share with the homeowners the many and serious issues related to an ongoing capital improvement project (leaks, cracks, shoddy work). Engineer''s report/advice not given to the vendor. The board has kept all of this from the homeowners, and yet they are assessing the community $550,000 for said work.
1 ANSWER
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Certainly you can be sued, but the question will be whether you will defeat the lawsuit. As a board member, various questions arise- what is your fiduciary duty, to the board or the association? What efforts did you make to reveal the truth? Is there insurance that will cover your representation available, and for what purpose? You should discuss these issues with a qualified attorney.
Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com
Answered on Nov 20th, 2011 at 8:55 AM