Condominiums—Homeowners Associations—Business Judgment Rule—Plaintiff May Assert Claim for Breach of Fiduciary Duty and Punitive Damages Against Individual Members of a Board of Directors, But Not Against the Corporation Itself—Although Individual Board Members Owed a Fiduciary Duty to Individual Condominium Owners, the Corporation Did Not Owe Such Duty
Plaintiffs had moved to amend their complaint to assert claims for breach of fiduciary duty, unjust enrichment and punitive damages. The court granted the motion to the extent that it permitted the plaintiffs to assert claims for breach of fiduciary duty and punitive damages against individual members of the board of directors (“board”), but not against the corporation. The court denied the motion to assert the unjust enrichment claim.
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