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Board president may advocate rule change in personal interest

Board president may advocate rule change in personal interest

Board president may advocate rule change in personal interest

The Court of Appeals of North Carolina has ruled that the president of the board of a homeowners’ association may advocate for a change in the association’s deed Covenants legitimizing the division and combination of building lots, as he had previously done, without breaching his fiduciary duty to the association. Another lot owner claimed that he breached his fiduciary duty by including false and misleading statements in his communications with other owners because he had a personal economic interest in the outcome. The president had previously divided a building lot with an adjacent owner and each had combined their piece with their primary lot. The Court noted that under the state’s...

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