What is the liability of HOA board members for their decisions?

The liability of HOA board members for their decisions in Washington can vary depending on the situation and applicable laws. In Washington, an HOA board member may be held personally liable if their decisions are not in the best interest of the association members. In certain circumstances, the board member could be held liable for damages or other losses suffered by the association as a result of their decision making. According to the Washington Nonprofit Corporation Act, board members have a duty of care, which means they must act in good faith and with the care that a reasonably prudent person would exercise in similar circumstances. Additionally, board members must exercise their power in a manner that is in the best interest of the association members. If a board member fails to fulfill these duties, they could be held personally liable for any damages to the association. In Washington, all HOA board members should adhere to the principles of fiduciary duty. This means that all decisions must prioritize the best interest of the association and be made in good faith and without self-interest or conflict of interest. Failing to fulfill fiduciary duties can result in personal liability against the board member, including monetary damages and/or other forms of legal action. Ultimately, the extent of a board member’s liability depends on the circumstances and decisions in question. To reduce the risk of personal liability, all HOA board members should understand their responsibilities and take steps to make decisions in good faith that prioritize the best interests of their association.

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