Very good and clear write up. A lot of lawyers are going to be very busy on this.
One question I had that you might be able to answer. Many of these condo units would have been rented out by the owner. If the owner voted against spending money on repairs, and their renter was then injured or killed, will the owner be on the hook for a large settlement?
I am not an attorney, but common sense suggests that they would. Remember, if there is a lawsuit against the Association, and there is insufficient or no insurance to cover it, the owners collectively are on the hook. This community will be bankrupted by this event. They are suing each other.
Further, most management contracts have an indemnification clause. If management gets sued, the Association pays. Managers act at the direction of the Board. They are facilitators of the board’s decisions.
I have personally authorized fire life safety repairs above my spending authority without seeking prior approval because my contract allows it. A project of this size could not be done without board and/or owner approval.
I would SAY YES to that one!!
They will be sued regardless of how they voted, if only to get a settlement. One theory that for sure will be advanced is that the property owner had an affirmative obligation to rent only if the property was safe and fit for human habitation.
Which counsel will pretty easily show it was not, given that it fell down into a great heap.