Leni Cummins, a member of Cozen O’Connor’s Real Estate Practice Group, discusses the rise in political signage on condominium and cooperative units and the legal implications for their boards in The Cooperator. Leni explains, "a violation of the bylaws is a violation of the bylaws. Boards of condos and co-ops should not be political, and must treat all shareholders and owners equally. If bylaws prohibit posting in windows, then regardless of the message, the board is required to act to uphold its governing documents. If a board enforces the bylaw provision unequally, allowing signage the board members support but others may not, then the board could be held liable for breach of fiduciary duty, and because the board failed to uphold its governing documents, the Business Judgment Rule would not serve to protect it from liability in this instance.”

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