Legal Question in Real Estate Law in California

Re: Can homeownere sue the HOA Board

It depends on what your cc&r's say. Generally, an individual board member cannot be held civilly liable for any decision made in the course of their duties. However, a court order can overturn any decision they make or impose a decision on them. Also, the association as a whole may be held liable for decisions made by the board. But have no fear, the liability paid by the association will not come out of your dues. All HOA's are required to have at least a 1 million dollar insurance policy. Your cc&r's also probably provide a means to hold a recall election, so the homeowners can remove the offending board members.