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