The Surfside tragedy of June 24 has provided a dire warning to condominium and cooperative board members everywhere not to neglect their responsibilities to preserve and protect the buildings that they manage and the health and safety of their occupants.
Lawsuits have already been filed against Champlain Towers South Condominium Association Inc. and its managers. The condominium’s architects, engineers and local government may also be litigation targets.
Board members are fiduciaries who are entrusted with the obligation to preserve and protect the value of the property that they manage. They are charged by state and local laws with the duty to maintain their buildings in good repair. These obligations are designed to protect the building residents and guard against dangers to their health and safety.
Traditionally, a board member is charged with the responsibility to act as a reasonably prudent person would act in similar circumstances. A deviation from this standard is the basis for a negligence claim.
