By Kevin Hirzel, Cummings, McClorey, Davis & Acho, PLC
Condominium documents often contain provisions requiring two-thirds
co-owner approval or other preconditions before a condominium
association can sue or spend legal fees. Prior to June 2014, at least
four circuit courts held such anti-lawsuit provisions were
unenforceable, arguing that other provisions in the Nonprofit
Corporation Act and the Condominium Act gave boards of directors
discretion to file or defend lawsuits. Additionally, it was held that
anti-lawsuit provisions were "unreasonable" and corporate bylaws must be
reasonable. Read More or Comment