Publication Date

4-1997

Journal

Boston University Law Review

Abstract

The article explores the balance between majority rule and minority protections in community associations, drawing parallels with corporate governance to address conflicts and self-dealing issues. It argues that while market forces and self-interest often mitigate harmful majority actions, legal safeguards are necessary to protect minority interests, particularly when idiosyncratic value is at stake. The article advocates for express protections in governing documents and the use of supermajorities to limit association power, emphasizing that courts should invalidate redistributive actions without compensation.

Volume

77

Issue

2

First Page

273

Last Page

342

Publisher

Boston University School of Law

Disciplines

Administrative Law | Bankruptcy Law | Judges | Law | Property Law and Real Estate

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