Breach of Fiduciary Duty
by Directors of Homeowner Associations
Directors of homeowner associations owe a fiduciary duty to the association and its members. This means that every director must:
- Place the interests of the association and its members above his or her own interests,
- Be absolutely loyal to the association,
- Avoid or disclose in writing any actual or potential conflicts of interest,
- Recuse himself or herself from voting on any matter where he or she has a conflict of interest or potential conflict of interest with the association,
- Comply with the law at all times in performing his or her duties as a board member,
- Be truthful at all times in communicating with other board members,
- Do everything that is reasonable to collect delinquent assessments,
- Investigate all issues brought to their attention by members of the association, and
- Maintain the common areas as required by the association's CC&Rs.
HOA Board Negligence
818-658-1600