Is There a Legal Duty to be Green?

I’m attending a session at the CCAL Community Association Law Seminar on “Legally Green: Reconciling Restrictive Covenants with Eco-Friendly Practices in the Community Association, and there’s a rather heated discussion as to whether association boards may have a fiduciary duty to make a life-cycle evaluation of capital repairs and maintenance.  In other words, if an association can spend a bit more now in order to save large amounts of money in energy costs over the life cycle of a building, do they have a duty to do it?

There’s a split of opinion in the audience, but the participants seem to generally agree that associations who are not considering these issues may be doing so at their peril.  One participant is advocating legislation to mandate these considerations; not surprisingly, at least one other participant strongly disagrees with that suggestion.

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