Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

Can I sue a homeowners association for breach of fiduciary duty without individually naming directors in the suit?

0
Posted

Can I sue a homeowners association for breach of fiduciary duty without individually naming directors in the suit?

0

I am a member of a HOA in California. I believe individual board members (directors) breached their fiduciary duties of good faith and care (inquiry and obedience to governing documents) when deciding an association matter. I’d rather not make the issue personal by suing directors individually … and would rather just pursue the association for the violation. Is it possible to sue the association for breach of fiduciary duty without individually naming the directors? Corp Code 7231 and 7231.5 outline fiduciary responsibilities of directors … but I can’t seem to find anything in the Code which makes the association responsible for the actions of directors or outlines the f duties of the association (as an entity) to members. Relevant code or citing cases would be helpful.

Related Questions

What is your question?

*Sadly, we had to bring back ads too. Hopefully more targeted.