Article Archives >> Lead Stories >> December 1-31, 2009
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Court Dismisses Member’s
Effort to Overturn Election
Claims of retaliation, proxy irregularities and
poisonous atmosphere do not create cause of action
A condominium owner who thought he had enough votes to win a seat on the condo’s board of directors but finished last in the election has lost a suit seeking a new election. He claimed that there were irregular proxies in the vote, that proper procedures were not followed, that the incumbent directors retaliated against him in breach of their fiduciary duty because of his prior complaints about financial irregularities, and that the board created a poisonous atmosphere in the community. A trial court said he had not stated a cause of action and the Court of Appeals of Kentucky has affirmed.
Article Archives >> Lead Stories >> December 1-31, 2009
