Stokes O'Brien

Can I Sue a Director on my Home Owners Association Board?

Posted in Business and Real Estate Litigation on October 31, 2015

Generally speaking, you cannot sue a director on your San Diego homeowners association board for negligence in performing their duties, as long as they performed their duties:

  • In “good faith,”
  • In a manner that he or she believed was in the best interest of the San Diego homeowners association (and its members), and
  • With the care of a “reasonably prudent person” in “similar circumstances.”

A director cannot be sued for damages they caused by mistake or negligence, as long as they adhered to the above criteria.  If they did not adhere to the above, then they may be sued by individual members of the homeowners association.

Of course, establishing what is or is not “good faith,” “reasonably prudent,” and/or “similar circumstances” greatly depends on the facts of the particular circumstance(s).  A business and real estate attorney can be critical in analyzing your particular case for a viable lawsuit.