to be reliable and competent in the maers presented.
(2) Counsel, public accountants or other persons as to maers which the ocer or execuve board member reasonably believes to be within the professional or expert competence of such person.
(3) A commiee of the execuve board upon which he does not serve, duly designated in accordance with law, as to maers within its designated authority, which commiee the ocer or execuve board member reasonably believes to merit condence.
This standard requires that boards act within the scope of their given authority (Governing Documents), in good faith and in a manner reasonably believed to be in the best interest of the associaon. Following this process, and when necessary relying on experts, will assure that the decision to remove a common element will not be subject to protest or legal challenge.
ABOUT THE AUTHOR Stefan Richter, Esq., CCAL is a partner with CAI Business Partner member Clemons Richer & Reiss, PC. Mr. Richter currently serves as Chairman of CAI’s Communicaons & Content Commiee and has previously served as Chapter President and Chairman of the Pennsylvania Legislave Acon Commiee. Mr. Richter is a College of Community Associaon Lawyers (CCAL) fellow. He can be reached via e-mail at:
srichter@clemonsloaw.com.
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