Papalexiou v. Tower West Condo

In Papalexiou v. Tower West Condo., 167 N.J. Super. 516, 527, 401 A.2d 280 (Ch.Div.1979), individual unit owners challenged the authority of the board to levy a special emergency assessment upon the membership. In upholding the assessment, the court said: The refusal to enforce arbitrary and capricious rules promulgated by governing boards of condominiums is simply an application of the "business judgment" rule. This rule requires the presence of fraud or lack of good faith in the conduct of a corporation's internal affairs before the decisions of a board of directors can be questioned. If the corporate directors' conduct is authorized, a showing must be made of fraud, self-dealing or unconscionable conduct to justify judicial review. . . . Although directors of a corporation have a fiduciary relationship to the shareholders, they are not expected to be incapable of error. All that is required is that persons in such positions act reasonably and in good faith in carrying out their duties. Courts will not second-guess the actions of directors unless it appears that they are the result of fraud, dishonesty or incompetence.