Can I file a lawsuit against an individual board member of my HOA? – Perez Mayoral

If you’re a unit owner or homeowner in an association, it’s important to know that you can file lawsuits against individual board members for breaches of fiduciary duty. These lawsuits can be either shareholder derivative actions or direct actions, depending on the harm you’ve experienced. However, it’s a highly technical legal process, so you’ll need to carefully evaluate whether pursuing such a case is financially worthwhile. My advice is, if you believe a director or officer is violating the law, consult with an experienced HOA or condo attorney. They can help you understand what the litigation process will look like, what it might cost, and explore other options for resolving the issue. Please call us if you have any question.