Case Notes in
Business Judgment Rule
Category
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First published: Jun 2002
Seif v. 72 Horatio Street Owners Corp.This case illustrates the fiduciary duties that a co-op or condo board has to treat all unit-owners fairly. Decisions made by boards, which are imposed in fact only on a limited number of unit-owners, are always suspect and subject to challenge. Moreover, fair notice of any impending change in the basic co-op or condo affairs or documents is clearly essential if the change is to withstand challenge. Unfairness to minority shareholders often prompts judicial relief.
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