District of Columbia – Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

On June 29 2017, the District of Columbia Court of Appeals issued a decision in Wilfred Welsh v. Beverly McNeil and Alvin Elliott (argued more than a year earlier, on May 12, 2016 and embedded below).

In a decision that could impact conduct by an individual director and have a chilling effect on actions by individual members, the Court held that a board’s granting of a waiver on behalf of the association bound the entire association, including individual members, precluding them from enforcing a restrictive covenant.

The Court also ruled that an individual director could be personally liable under the Fair Housing laws and D.C. human rights law for certain behaviors.  The matter was remanded back to Superior Court for review, so more to come…

Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

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