If you're a homeowner impacted by misconduct, abuse of
power, or negligence by your HOA's board members, you may be
wondering if — and when — you can hold them personally
accountable. In some cases, suing individual board members may be
both appropriate and necessary.
Working with an HOA attorney in California can
help you determine whether the facts of your situation rise to
the level of personal liability. At LS Carlson Law, our team
provides dedicated HOA legal representation in California and
Florida and focuses solely on advocating for homeowners in disputes
with their associations.
When Are HOA Board Members Protected from Liability?
In most cases, board members are protected under the Business
Judgment Rule, which shields them from liability when they
act:
In good faith
Within the scope of their authority
In the best interest of the association
With reasonable care and diligence
As long as board members comply with these principles and the
HOA's governing documents, they typically cannot be held
personally liable for the decisions they make. However, this
protection is not absolute.
Grounds for Suing an HOA Board Member Individually
There are specific circumstances under which a homeowner may
bring a legal claim against individual board members, particularly
when they abuse their position or act outside their legal
boundaries. Common grounds include:
Fraud or intentional misconduct
Embezzlement or misappropriation of funds
Discriminatory enforcement of rules or policies
Retaliation against homeowners who speak out
Violations of state HOA laws or civil rights laws
Failure to maintain common areas as required
Negligent decision-making that results in financial harm to
homeowners
When misconduct occurs, legal help for HOA disputes can make the
difference between continued frustration and a successful
resolution.
The Difference Between Individual and Association Liability
It's important to distinguish between suing the HOA as an
entity and suing individual board members. Most disputes —
such as those involving assessments, rule enforcement, or
architectural guidelines — are resolved by taking legal
action against the association itself.
However, when a board member acts outside the scope of their
authority or in a way that is clearly malicious or unlawful, they
may be personally named in a lawsuit.
Consulting with HOA attorneys in California & Florida can help
clarify whether your issue warrants a claim against the
association, its leadership, or both.
What You'll Need to Prove
To hold a board member personally liable, a homeowner must
typically prove:
The board member acted outside their legal authority
Their actions (or inaction) caused financial or other measurable
harm
The board member did not act in good faith or with reasonable
care
The association failed to correct or prevent the wrongful
behavior
These cases are complex, and success often depends on having clear
documentation, a solid understanding of applicable laws, and
experienced legal guidance.
Legal Help for HOA Disputes Involving Board Member Misconduct
When you believe your HOA's leadership is acting illegally,
irresponsibly, or in violation of its own rules, seeking legal help
for HOA disputes is a crucial first step. At LS Carlson Law, our
HOA attorneys in California & Florida represent homeowners who
need to:
Investigate suspected misconduct
Challenge abuse of power or selective enforcement
Demand accountability for financial mismanagement
Take legal action against board members or the HOA as an
entity
Our firm is dedicated solely to representing homeowners —
never HOAs.
The Importance of Early Legal Intervention
Many property owners wait too long to seek help, hoping the
situation will resolve itself. However, early intervention with
experienced legal services can often prevent a dispute from
escalating into a costly legal battle.
By consulting with experienced attorneys, homeowners can:
Identify legal violations early
Document misconduct properly
Prevent unlawful enforcement actions from taking hold
Explore options for mediation or alternative resolution
Preserve their ability to take formal legal action if needed
At LS Carlson Law, we provide comprehensive counsel services to
guide homeowners through complex HOA conflicts and pursue
practical, results-driven strategies.
Why Work with an HOA Attorney in California?
Taking legal action against an HOA board member — or the
board as a whole — requires deep knowledge of state laws, HOA
statutes, and procedural rules. An HOA attorney in California can
help you:
Evaluate whether you have a viable claim
Understand your rights under the Davis-Stirling Act and other
statutes
Compile evidence of wrongdoing
Seek compensation or injunctive relief
Navigate alternative dispute resolution or litigation
If you're dealing with persistent board misconduct or
leadership that's acting outside the law, HOA legal
representation in California can provide the strategic direction
and advocacy you need.
Choose the Right Legal Representation for HOA Disputes
Not all attorneys are equipped to handle the nuances of HOA law.
It's important to work with a firm that not only understands
community association regulations but also focuses on representing
property owners — not associations.
At LS Carlson Law, we bring extensive experience in representing
homeowners across California and Florida in a wide range of legal
matters, including:
Suing HOA boards and individual members for wrongdoing
Challenging enforcement of unlawful rules or fines
Navigating disputes related to ADUs, architectural guidelines, and
fee increases
Resolving legal matters that affect property rights and
values
Our experienced attorneys offer personalized legal strategies
tailored to the unique facts of each case, always focused on
protecting homeowners' rights and achieving fair outcomes.
Talk to LS Carlson Law Today
Holding an HOA board member accountable is not a step most homeowners take lightly. But when your property, finances, or rights are at stake, asserting your legal options may be the only way forward.
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.
