Breach of Fiduciary Duty by Directors of Homeowner Associations

Directors of homeowner associations owe a fiduciary duty to the association and its members. This means that every director must:

  • Place the interest of the association and its members above his or her own interests;
  • Be absolutely loyal to the association;
  • Avoid or disclose in writing any actual or potential conflicts of interest;
  • Recuse himself or herself from voting on any matter where he or she has a conflict of interest or potential conflict of interest with the association;
  • Comply with the law at all times in performing his or her duties as a board member; and
  • Be truthful at all times in communicating with other board members.