Real Estate Law
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Yes, that's correct.
IF the corp was put on notice of a dangerous condition and it didn't take steps to remedy the danger, then the shareholder would have a claim against the corp and its insurance.
But, if the tree was not a forseeable danger (not dead, etc.), and an Act of God blew it down, then the shareholder's insurance should provide coverage.
I know its a difficult concept and possibly even an unfair rule, but that's the way the law is in this type of situation. I do appreciate you not shooting the messenger!
Please let me know if you have any other questions.
The board cannot selectively enforce rules or single out one member to pick on; this is generally considered an illegal practice. This particular shareholder could sue the corp and ask the judge to find all of the unenforced provisions to be invalid because the corp isn't requiring them to be followed by any shareholder, and the shareholder could also seek damages for the board's treatment/singling him out.
As for the shareholders as a whole, they can challenge the board if they believe the board is not acting properly or in accordance with the bylaws. USUALLY, this takes a lawsuit being filed because the board will not listen to reason in situations regarding the board's authority. So, the shareholders would likely have to sue the board/corp demand that the rules be followed and equally enforced.
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