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This strategy may not be the best way to start resolving an issue that an owner has with other owners who volunteer their time to operate the legal entity called the association. But it may end up determining the ultimate resolution.

When you approach an association-savvy attorney, you'll need evidence of violations that will be most weighty when based in your state law that governs associations.

In order to gather this evidence, an owner can point out in an open board meeting -- to which all owners are invited -- where the Directors or board have violated a statute, or an article in the governing documents. In this process, you can:

  • Send a letter to the board with a copy to your association management company, stating the action -- a vote, for example -- that violates the law.
  • Request an entry on a board meeting agenda and the time on the agenda to present your case.
  • Present a motion or resolution that the board vote to either continue with this violation -- or to let it stand, or to vote to obey the law and rescind the previous vote.
  • With a final copy of the minutes, you can then present your case to your association-savvy attorney.

Often in this process, you essentially educate your board in the boundaries drawn around their votes/ actions by both your governing documents and the state law.

When directors choose to ignore these boundaries, your master insurance policy may cover their votes/ actions -- called Directors and Officers coverage (D&O). When directors act without 'ordinary and reasonable care', or demonstrate a lack of 'business judgement'* in their actions, D&O coverage may not cover them. In those cases, volunteer board members may be personally liable for damages that result from their actions.

*From the Washington state Condominium Act: RCW 64.55. NB: Find your state condominium act and determine the language used there for your purposes if you live elsewhere.

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Q: Can a resident of a Home Owner's association sue the Board of this association?
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