Non-Profit D&O

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A violation of bylaws, failure to maintain accurate financial records, misappropriation of funds—these are just a few examples of common D&O claims and lawsuits that are often brought against non-profit organizations.

The attorneys in Marshall Dennehey’s Non-Profit D&O Practice Group are experienced in defending boards of directors and individual board members when their alleged actions or decisions necessitate legal intervention. We represent all manner of non-profit organizations, including condominium, homeowner and property owner associations, as well as social and recreational clubs.

We defend these entities against alleged wrongful acts or omissions, errors, misstatements, or violation of state or federal law that allegedly denied members of certain rights and privileges. In addition to defending claims brought by association members, we also defend the non-profit organizations and their boards against claims brought by non-members, including disputes with contractors asserting breach of contract or fraud or claims by non-members that they have been discriminated against in violation of state or federal law.

Because our clients are often employers, we frequently defend employment-related issues that may arise during such litigation, including discrimination, harassment and wrongful termination asserted against the organization or its board.  

Our attorneys handle these matters across our 19 offices in seven states. In every engagement, we work with clients to find creative solutions to resolve disputes and, when warranted, provide legal representation through trial.

Marchese_Andrew
Andrew J. Marchese, Chair

Defense verdict for homeowners’ association.

Non-Profit D&O

We obtained a defense verdict in a Bucks County bench trial. The plaintiff claimed that the defendant homeowners’ association was obligated to replace an old stone bridge that provided the only access to the plaintiff’s residence and open public space. As part of the initial community development approval, the township directed the builder to carve out open space and repair the stone bridge so that emergency vehicles could access the open space. Continued maintenance/replacement of the bridge would thereafter pass to the the homeowner’s association.

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Successful defense of condominium association board and property manager.

Non-Profit D&O

The lawsuit was brought by 54 condominium unit owners of a 608-unit, age-restricted planned development against the homeowner’s association board, the property manager and the sponsor/developer, for the early transfer of control of the condominium association. Dismissal of the board and the property manager was granted in what was properly a unit owner-sponsor/developer dispute over control of the association.

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