This guide outlines when and how you can hold HOA board members accountable — and how working with an HOA attorney in California can help you take the appropriate action. At LS Carlson Law, we offer dedicated HOA legal representation in California and Florida, focusing exclusively on representing homeowners in disputes with their associations.
When Can You Take Legal Action Against an HOA Board Member?
HOA board members are generally protected from personal
liability when they act in good faith, within the scope of their
authority, and in the community's best interest. However, that
protection disappears when a board member:
Engages in fraud, self-dealing, or embezzlement
Knowingly violates state HOA laws or governing documents
Retaliates against homeowners who assert their rights
Commits acts of discrimination or harassment
Fails to fulfill fiduciary duties, resulting in financial
harm
In such cases, homeowners may pursue legal help for HOA disputes
to hold the board member — and sometimes the entire board
— accountable.
Types of Legal Claims Against Board Members
A homeowner may bring legal claims against an HOA board member
under a variety of legal theories, including:
Breach of fiduciary duty
Negligence or gross mismanagement
Violation of the Davis-Stirling Act (in California)
Civil rights violations
Defamation or harassment
An HOA attorney in California can help assess whether your case
meets the criteria for personal liability and recommend a course of
action tailored to your situation.
Individual Vs. Association Liability: What's the Difference?
Not every dispute with a board member requires action against
that person individually. In many cases, HOA legal representation
in California focuses on the association as a whole. However, if a
board member acts:
Outside the scope of their official duties
With malicious intent
In violation of state law
...then legal recourse may include naming the individual board
member in a lawsuit.
An attorney can determine whether your situation involves board
misconduct that justifies pursuing personal liability or whether
the issue should be directed at the HOA as a legal entity.
Why HOA Board Member Misconduct Matters
Improper actions by board members don't just harm individual
homeowners — they can negatively impact the entire community.
Some of the long-term consequences of board misconduct
include:
Decreased property values
Damaged community trust
Improper enforcement of rules or fines
Financial mismanagement leading to increased assessments
If your HOA board's actions are affecting your rights or your
property, seeking legal help for HOA disputes is the
first step toward resolution.
How to Document Misconduct and Build a Case
If you're dealing with a board member who is acting outside
the bounds of their role, documentation is key. Before initiating
legal action, homeowners should:
Save all written communications
Request copies of meeting minutes and HOA records
Record instances of selective enforcement or retaliatory
actions
Review the association's governing documents for procedural
violations
HOA attorneys in California & Florida often rely on this kind
of documentation to support a claim, build leverage in
negotiations, or prepare a lawsuit.
Options for Resolving Disputes with HOA Board Members
Not every dispute requires a lawsuit. Depending on the nature of
the misconduct, your HOA attorney in California may recommend one
of the following approaches:
Demand letters to formally notify the board of violations
Internal dispute resolution processes required by your HOA's
rules
Alternative dispute resolution such as mediation or
arbitration
Litigation, if informal methods fail or the violations are
severe
At LS Carlson Law, we evaluate the strength of each client's
case and advise on the most strategic path forward — whether
that's negotiation, litigation, or a combination of both.
The Role of Legal Counsel in Navigating HOA Board Disputes
Disputes involving members of the board of directors are among
the most serious issues faced by homeowners associations. These
situations often involve complex legal matters such as financial
mismanagement, abuse of power, or violations of state housing laws.
In these cases, property owners need knowledgeable, assertive legal
counsel to guide them through the proper steps to assert their
rights.
At LS Carlson Law, our counsel services are designed specifically
for homeowner associations in conflict with their leadership. Our
experienced attorneys work closely with homeowners to review
governing documents, gather evidence, assess the board's
actions, and advise on the most effective path forward. Whether it
involves formal complaints, mediation, or full-scale litigation, we
provide clear, actionable guidance every step of the way.
Take the Right Approach to Litigation and Resolution
Not every disagreement with an HOA board member requires a
lawsuit — but when the board refuses to correct misconduct or
continues to act unlawfully, litigation counsel may be necessary.
In such cases, property owners need a legal team with the capacity
to handle a wide range of legal disputes, from contract violations
to selective enforcement and misuse of HOA funds.
Our firm offers strategic legal services tailored to the specific
facts of each case. LS Carlson Law's HOA attorneys in
California & Florida are skilled in resolving association
disputes through both negotiation and court action. We know how to
balance pressure and diplomacy to secure results — whether
you're dealing with an isolated issue or a pattern of systemic
abuse by your board of directors.
If your HOA is ignoring your rights, reach out today for dedicated
legal counsel from a firm that prioritizes homeowners — not
associations.
Speak with an HOA Attorney in California or Florida
If you're dealing with an HOA board member who has abused their position or violated your rights as a homeowner, you may be entitled to legal relief.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
