Directors of HOA organizations have the unenviable task of completing large “to do” lists while assuming the risk of offending neighbors if they don’t like your decisions.  While maintaining the common areas in their neighborhood, directors must:
  • Act in good faith and candor
  • Act in the interests of another and avoid transactions that result in personal gain
  • Not exert undo pressure or act without the knowledge and consent of those he represents
No one wants to get into trouble. Nobody wakes up and thinks, “Boy. Today, I think I’d like to test the limits of my legal and insurance coverage. Honey? Get the 4-wheelers out! We’re going to test them out on that golf course.” Trouble is a thing that pops up when least expected. The trick to taking care of trouble is making sure that as many of these little gaps as possible are not problem areas. Without being alarmists, it can be surprising the things that American adults can be found personally liable for. A large lawsuit can boil down to something simple like: