What are the remedies if an HOA breaches its fiduciary duty?

Remedies for a Homeowners Association (HOA) that breaches its fiduciary duty in Washington vary depending on the laws of the state. Generally, however, an individual homeowner can either sue the HOA or take formal action to force the HOA to comply with their fiduciary duty. If an individual homeowner decides to sue the HOA, they may be able to recover damages, court costs, and attorney fees. The homeowner can also seek for the court to order equitable relief, meaning that the court would force the HOA to act in accordance with its fiduciary responsibilities. If an individual homeowner decides to take formal action against the HOA, they may be able to ask the court to issue an order requiring the HOA to comply with its fiduciary obligations. This is called an “injunction.” Members of the HOA may also be able to vote to recall board members or to amend the association’s governing documents in order to ensure that fiduciary duties are performed correctly. Regardless of the remedy chosen, homeowners must be aware of their legal right to hold their HOA accountable. It is important to seek legal guidance if an HOA is not performing its fiduciary duties in order to ensure that any damages caused by the HOA’s breach are recovered.

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What are the remedies if an HOA breaches its fiduciary duty?

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