Eric- I meant this post to be in response to your post.
The State of Hawaii booklet entitled "Condominium Property Regimes: Owner Rights and Responsibilities," which I referenced in an earlier post, states (at page 32):
"Chapter 514B provides that every managing agent is a fiduciary with respect to the property the agent manages (514B-132(c)). As with board members, the fiduciary duty of the managing agent requires that the agent act with diligence, care, and skill, and make decisions in the best interests of the association."
I can't imagine that a court would interpret this duty to allow a managing agent to be willfully blind to malfeasance it knows to be occurring on the part of an association officer or director.[/QUOTE]