What if a condo board member violates the condo laws?
If a condo board member violates the condo laws in North Carolina, the other board members, the homeowners association, or any other impacted party can sue the board member for a breach of fiduciary duty. This means that the board member did not fulfill their obligation to act in the best interests of the condo property and its inhabitants. The aggrieved party may be able to hold the board member individually liable for any damages they incur as a result of the breach. This includes any lost profits, costs, or other damages directly related to the negligence of the board member. The court may also order the board member to pay restitution if the party suffered any monetary losses due to the violation. In addition, the court may seek to have the board member removed from the condo board. The court may also issue an injunction, which is an order directing the board member to immediately cease any actions that are in violation of condo law. The court may also issue a fine or other legal action to the board member to deter them from repeating any violation. It is important to note that in some cases, the board member may not be held liable for damages or other penalties if they can prove that they acted in good faith. For this reason, it is important for board members to stay informed of all condo laws and regulations so that they can ensure they are acting in accordance with the law.
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