SB1468 - Board member responsibility for attorneys' fees (the make sure no one serves on the Board bill)

By Scott Carpenter on the 16th of February 2012

SB1468 Introduced Version received a "do pass" recommendation from the assigned Senate committee.  SB1468 is an attempt to force the individual board members to reimburse the attorneys’ fees and costs of the association in a case where an owner “substantially prevails” in an enforcement lawsuit against the condominium or planned community association. Instead of being required to pay the attorneys’ fees to the owner, the directors are “personally liable” to reimburse the association for any attorneys’ fees the association had to pay for the association's attorney. This bill, if enacted, would make it impossible for a condominium or planned community association to find volunteer board members. Who in their right mind would volunteer for service on the board of directors if this risk exists? This is the “Make Sure No One Every Volunteers to Serve on Their Board” act!

© 2012 Carpenter, Hazlewood, Delgado & Bolen, PLC. All rights reserved.
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