HOA Board’s Fiduciary Duties Under Corporate Law The fiduciary duties of HOA Board members mainly arise from state corporate law. A Board member’s fiduciary duties involve three basic components: the duty of care, the duty of loyalty and the duty to act within the scope of its authority.Click to see full answer. Just so, are HOA board members personally liable?Because plaintiffs (or plaintiffs’ lawyers) like to cover all the bases, when they sue an HOA for injuries, they sometimes name individual board members along with the HOA itself. This is because board members are typically only personally liable for HOA matters if they breach a fiduciary duty to the HOA.One may also ask, what is the responsibility of the HOA board? The governing body (or board of directors) of the HOA is responsible for the management of all aspects of the association. Enforcing provisions of the declaration, articles, and bylaws for the ownership and management of the development. Paying taxes and assessments that are, or could become, a lien on the common area. Also to know is, can a board member be sued individually? Typically cases against individual board members get dismissed because there’s no legal basis to sue a board member personally for actions taken in a board capacity. “There’s only a valid basis for a lawsuit when board members are acting outside the scope of their authority or not acting in good faith.When should a HOA board member recuse themselves?Board members have the responsibility to recuse themselves from their responsibilities any time they have a problem keeping their fiduciary duty to the HOA – or, in other words, representing the HOA’s best interest.
