HOA Board members have a low standard to meet 11 24 17

Deborah A Goonan “Florida courts have limited the ability of homeowner members of an association to bring claims for breach of fiduciary duty against officer or directors unless it can be shown that a director engaged in actual conduct amounting to fraud, self-dealing, or unjust enrichment. Negligent actions of association directors will not give rise to a claim for breach of fiduciary duty even if such negligence caused damage to the association. Furthermore, if officers or directors make decisions based in whole or in part on the advice of competent professionals, then such officers and director are not liable for any action taken or any failure to take action in reliance of such advice.”

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 · November 20 at 7:37am

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Deborah A Goonan
Deborah A Goonan In other words, an association member would have to prove criminal intent, but boards are under no obligation to possess any level of competence or personal characteristics to serve on the board. Board members have a low standard to meet, members have a very high bar to prove the board member(s) failed in their fiduciary duty.

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 · November 20 at 7:41am

Above found on facebook https://www.facebook.com/groups/1560705720875326/
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