Case Notes in


First published: Jun 2023
Good Faith

So long as the Board of Managers acts in good faith and within its authority under the by-laws, the court will not second-guess the decisions of the board and its decisions are protected by the Business Judgment Rule. Unpopular decisions can be challenged in the courts, and every decision can be appealed (which is the case here). However, if residents of a condominium or co-op are that unhappy with the current board’s governance, they should seriously consider campaigning to elect a board that shares the same values as they do.

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