Question:
Can an HOA be sued for fiduciary failures?
– Mary
Answer:
Hi Mary,
Yes, homeowners can sue their HOA for breach of fiduciary duty. Be warned that lawsuits can be very expensive and time-consuming. You would also have to prove that the HOA board breached its fiduciary duty. On the part of the board, it is important to ensure sufficient D&O insurance coverage for such instances.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.