What is a homeowner’s association?

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Unfortunately, an HOA board member can be sued. Florida Statutes and Florida law recognizes that an HOA board member has a fiduciary duty to his association. As long as he’s carrying out those duties in a proper accord with the statute, then he will be relieved of liability. Unfortunately, he can be sued.

Florida courts have also adopted the business judgment rule which basically says, “The Courts will not go behind the association and second guess their business judgments as long as they were issued or made and allowed in course of their doing their duty to protect the association.”

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