Condo and Coop Boards - Ensure You Can Recover Your Legal Fees.
- Eric Pitter
- Apr 2
- 1 min read
⚖️ A tip for coop and condo boards: review your attorney's fees provisions before you need to enforce them. If the governing documents allow the board to recover fees regardless of default or merit, the provision may be unenforceable as unconscionable. In Kennedy House Owners, Inc. v Crawford, Judge Ibrahim got it right. Fee-shifting provisions should be contingent on success, not drafted so broadly that they deter shareholders or unit owners from bringing legitimate claims.
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