Question:
If a former member of an HOA board resigns and continues to advise and guide subsequent HOA board members regarding CC&R violations,, is the resigned former board member considered a shadow fiduciary and therefore subject to the same liabilities as the remaining board members?
– Greg
Answer:
Hi Greg,
If a homeowner is no longer a board member, they are not subject to the same liabilities and duties as a board member. Acting as an advisor does not equal serving on the HOA board. That being said, make sure your association has the proper protections in place and that this former board member is permitted to act this way as per your governing documents.
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