Ballard v. 1400 Willow Council of Co-Owners, Inc.

I differ with the majority’s well written opinion only on the point that a non-profit corporation owes no fiduciary duty to individuals who own property in the building. The nonprofit at issue here is the Council of Co-owners that governs the use of the property for all the owners, in the owner’s dual roles as the collective unit of owners, and as individuals who are an owner. The individual owner in this case is Patricia Ballard.

Before getting to the substance, I must emphasize that Ballard has two relationships with the Council. See, e.g., Frances T. v. Village Green Owners Assn., 42 Cal.3d…