HomeMy WebLinkAbout223929.01 Limitation of Board of Directors Liabilit .
The Board of Directors an ts o cers: s a not e
liable for the failure of any service to be obtained and paid
for by the Condominium Association hereunder, or for in3ury or
damage to persons or property caused by the elements or by
another Unit Owner or person on the Condominium Property. or
resulting from electricity, water, rain, dust or sand which
may leak or flow from the outside or from any parts of the
buildings. or from any of its pipes, drains, conduits, appli-
ances, or equipment, or from any other place unless caused by
their willful misconduct or gross negligence; (ii),shall not
be liable to the Unit Owners for any mistake of judgment.
negligence or otherwise, except for their own willful misconduct
or gross negligence; (iii) shall have no personal liability
in contract to a Unit Owner or any other person or entity
under any agreement, check, contract, deed, lease, mortga~e, instru-
ment or transaction entered into by them on behalf of the
Condominium Association in the performance of their duti~s;
(iv) shall not be liable to the Unit Owner for loss or damage
caused by theft of or damage to personal property left by
such Unit Owner or his tenants or guests in a Unit or in or on
the co~on elements except for their own willful misconduct
or gross negligence; (v) shall have no personal liability in
tort to a Unit Owner or any other person or entity direct
or imputed, by virtue of acts performed by or for them or
otherwise, except for their own willful misconduct or ross
negligence in the performance of ~heir duties; and (vi~ shall
have no personal liability arising out of the use, minuse or
condition of the Condominium Property or for any other reason
whatsoever, or which might in any other way be assessed against
or imputed to them as a result or by virtue of their perfor-
mance of their duties except for their own willful misconduct
or gross negligence.
29.02 Indemnification of Board of Directors. Each
member of the Boar o D rectors an or o icer o t e Condo-
minium Association shall be indeumified by the Condominium Assoc-
iation against all expenses and liabilities, including attorney's
fees reasonably incurred by or imposed upon him in connection
with any proceeding in which he may become involved by reason
of his being or having been a member and/or officer of the Board
of Directors~ or any settlement thereof, whether or not he is a
member of the Board of Directors and/or officer at the time such
expenses are incurred, except in such cases wherein the member
of the Board of Directors and/or officer is adjudged guilty
of willful misconduct or gross negligence in the performance
of his duties; provided that in the event of a settlement, the
indemnification shall apply only if and when the Board of
Directors (with the affected member abstaining if he is then a
member of the Board of Directors) approves such settlement and
reimbursements as being in the best interests of the Condo~inium
Association. The indemnification by the Unit Owners set forth
~-~~x350 F~~E2237
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