QUESTION

Can I be sued for my actions as president of a homeowners association?

Asked on Nov 15th, 2016 on Landlord and Tenant Law - California
More details to this question:
I am president of a small HOA. One of the owners, who is not an officer of the HOA, has threatened to sue me personally unless I give her signature access to the bank account. The HOA does not have Director's E&O insurance.
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1 ANSWER

On what basis does she want access to the bank account? Probably only reason is to steal the money. Point out to her that if she gets access and any money goes missing the police will interrogate her and she may be arrested. You probably have no power under the CC&Rs to grant her access and tell her you would be in legal trouble if you did and the HOA would sue her and slap a lien on her unit. One can always sue anyone, even if there are no grounds. She will not be able to find an attorney who would take her case once they know what she is doing [and she will not want to pay one]. ?She can not state a cause of action against you so you could demurrer and there are books and web sites showing how to do it. Tell her all of this and call her bluff, as you could give her access and she still would sue you.
Answered on Nov 16th, 2016 at 4:34 AM

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