Does the Board have a fiduciary duty to investigate for construction defects?
Generally the answer to that question is yes because if you’re asking the question you’re already beginning to wonder whether or not there are problems. Once there are any kind of an indication that there might be a problem, there might be construction defects then the board does have a fiduciary duty to investigate further. Some of the indications are going to be had there been any roof leaks, had there been any window leaks, things like that that would indicate there was a problem. Another one that commonly shows up is there stucco cracking. All those conditions lead to circumstance where the board does have a fiduciary duty to investigate further.