What is the liability of HOA board members for their decisions?
In California, homeowners association board members can be held liable for their decisions if they do not act in good faith or if their decision making is negligent. The board is considered to be acting in good faith when it follows the rules and regulations of the association and makes decisions in the best interests of the association and its members. Negligence is when the board fails to act in accordance with the state law or bylaws of the association, such as failing to keep up with required paperwork or to impose fines or disciplinary action in a timely manner. If a board member is found to be negligent, they may be held legally and financially responsible for any damage or loss incurred. Additionally, board members have a duty of care to the association and its members, so they need to make decisions that are reasonable and in the best interests of the association. If they fail to live up to this standard, they can be held personally liable for any damage or loss suffered. Finally, if a board member is found to be in breach of the law, they may be held liable for civil, criminal, or administrative penalties. Depending on the severity of the violation and the extent of the damage, the board member can be fined or even face jail time. Overall, board members of homeowners associations in California have significant responsibilities to the association and its members, and if these responsibilities are not fulfilled, the board members may be held liable for their decisions.
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