IHG Insurance's Most Common D&O Claims

  • The Board's failure to adhere to by-laws
  • The Board's failure to properly notice elections
  • The Board's failure to properly count votes/proxies
  • Challenges by members regarding power granted the Board by by-laws
  • Improper removal of Board Members
  • Decisions by the Board resulting in physical damage to the association property
  • Challenges to assessments
  • Approval of variances, generally by an architecture committee
  • Breach of fiduciary duty
  • Challenges to decisions of the Architectural Review Board
  • Questions or challenges regarding easements
  • The Board's failure to maintain common areas
  • The Board's failure to properly disburse funds (i.e. insurance proceeds)
  • Defamation by the Board of a member