It is possible our board may be sued personally by a resident. It is also possible the board failed to act on it’s fiduciary duty. If the insurance company fails to honor the D&O may the board utilize association funds to defend the board members personally?
It’s something every manager strives for and every resident demands — curb appeal. Maintaining it is one of the board’s fiduciary duties. But what happens when those flower beds, pathways and rolling hills turn into mud, ice and standing water? What if these problems pop up unexpectedly for no apparent reason?
Whether done intentionally or unintentionally, the unauthorized practice of law can land a property manager in hot water. Not only could a manager’s job be on the line, but there are also legal issues associated with practicing law without a license. Therefore, rather than addressing legal matters on their own, managers should instead turn to counsel, said Denise Becker, Senior Vice President of Homestead Management Services, Inc. in Pine Brook and Hillsborough, New Jersey.