If a disgruntled trustee of a condominium association sues to enjoin his removal from its board, is he entitled to indemnification for his attorney’s fees and expenses for his affirmative claims, based on an ambiguous provision in the by-laws? Does the by-law language, clearly intended to protect trustees from third party claims, allow a trustee to exploit the language to underwrite his first party claims when his own service and conduct are at issue?
The Supreme Court in Boyle v. Huff answered “no” to these questions and we agree. The court also explicitly explained when first party indemnification will be upheld.
