This examination of the business judgment rule is a supplement to my amicus curiae brief to the AZ Supreme Court (Taylor v. Bendt, CV-21-0049, awaiting decision to hear case) in which I provided guidance in regard to 1) HOAs are sui generis created by rejecting Constitutional protections and instituting and supporting separate laws for special organizations, 2) HOA-Land has been under the heavy influence and domination of the national lobbying entity, Community Associations Institute (CAI), and 3) as a result of the above a pro-HOA mindset has crept into our judicial system resulting in bad laws setting bad precedent.
You can read the complete 30 page treatise (15 pages of argument plus apprendices) here .
One thought on “Business judgment rule not right for sui generis HOAs”
I am in support of every homeowner’s right to free speech.
Unfortunately, when a member questions all irregular actions, HOA lawyers in Los Angeles misapply/abuse the ANTI-SLAPP motion in court to steamroll the Owner who disagrees with the Board.
And since the Boards give carte blanch to HOA Lawyers to use our funds freely, then you are bound to lose.