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Home / Opinion Digests / Real Property – Subdivision Common Areas – Dock & Park – Tort/Negligence – Breach of Fiduciary Duty – Corporate – Derivative Claim – Amalgamation – Civil Practice – Statute of Limitations (access required)

Real Property – Subdivision Common Areas – Dock & Park – Tort/Negligence – Breach of Fiduciary Duty – Corporate – Derivative Claim – Amalgamation – Civil Practice – Statute of Limitations (access required)

Although a developer in control of a homeowners’ association may owe fiduciary duties to homeowners, in this case, the developers had no fiduciary duty to convey specific amenities to the homeowners’ association. We reverse the circuit court’s (1) ruling that respondents Walbeck and Adkins properly filed derivative claims on behalf of the respondent homeowners’ association (HOA); ...

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