Negligence is probably not the standard a court would apply. Decisions of the HOA by its Board of Directors are governed by the "business judgement rule." Under that standard, HOA boards are allowed wide latitude in deciding what is the appropriate action, even if that action later turns out to be incorrect. This makes these tough cases.
I would be happy to discuss this matter with you.
Dana Sack
Answered on Feb 28th, 2017 at 11:35 AM