If you’re a homeowner impacted by misconduct, abuse of power, or negligence by your HOA’s board members, you may be wondering if — and when — you can hold them personally accountable. In some situations, individual board members may be named in a lawsuit, depending on the facts and the legal claims involved.
A California HOA attorney can help evaluate the facts and whether they may support a claim for personal liability. This article provides general information about California law and is not legal advice.

When Are HOA Board Members Protected from Liability?

In many cases, HOA board members have legal protections when they make decisions in good faith, within the scope of their authority, and in what they reasonably believe to be the best interests of the association. California law may also provide certain liability limitations for volunteer directors in common interest developments (for example, under Corporations Code section 7231 and Civil Code section 5800, depending on the association and the circumstances).

These protections can be important, but they are not absolute and do not apply to every situation.

Grounds for Suing an HOA Board Member Individually

There are circumstances under which a homeowner may bring claims that name individual board members, particularly where allegations involve conduct outside the scope of a director’s duties or intentional wrongdoing. Examples that may arise in HOA disputes include:
Fraud or intentional misconduct
Embezzlement or misappropriation of funds
Discriminatory enforcement of rules or policies
Retaliation against homeowners who speak out
Violations of state HOA laws or civil rights laws
Failure to carry out maintenance obligations (often asserted against the association, and sometimes against individuals depending on the facts and claims)
Negligent conduct that results in harm

Because outcomes depend heavily on the specific facts and the legal theory, homeowners often review the available options and procedures in advance. See more background here: legal help for HOA disputes.

The Difference Between Individual and Association Liability

It’s important to distinguish between suing the HOA as an entity and suing individual board members. Many disputes — such as those involving assessments, rule enforcement, or architectural guidelines — are commonly brought against the association itself.

In some cases, however, a board member may be personally named when allegations involve conduct outside the scope of their authority or alleged intentional misconduct.

Legal counsel can help clarify whether a particular dispute is more appropriately directed at the association, individual directors, or both.

What You’ll Need to Prove

What a homeowner must prove depends on the claims being asserted. In cases alleging personal liability of a board member, issues that may be relevant can include:
Whether the board member acted outside their authority or violated applicable duties
Whether the conduct caused harm that is legally recognized (which may include financial harm or other measurable impacts, depending on the claim)
Whether the board member acted in good faith and with reasonable care (as those standards apply under the circumstances)
Whether the association took steps to address the issue once it was raised (when relevant)

These cases can be fact-intensive, and documentation and the applicable legal standards often play a significant role.

Legal Help for HOA Disputes Involving Board Member Misconduct

When homeowners believe HOA leadership is acting unlawfully or inconsistently with governing documents, they often start by gathering records and documenting events, and may also consider available dispute-resolution procedures.

Depending on the situation, an attorney may help with tasks such as:
Investigating alleged misconduct
Evaluating selective or inconsistent enforcement issues
Reviewing financial records and governance documents
Assessing potential claims involving the association and/or individual directors

The Importance of Early Legal Intervention

In many HOA disputes, timing can matter. Addressing issues early may help preserve documents, clarify what happened, and evaluate whether deadlines or procedural requirements apply.

By consulting with counsel, homeowners may be better positioned to:
Identify potential legal issues early
Document events and communications
Evaluate options for internal dispute resolution, mediation, or other processes
Preserve the ability to pursue formal legal action if appropriate

Why Work with an HOA Attorney in California?

Claims involving HOA governance and director liability can involve the Davis-Stirling Act, corporate law principles, governing documents, and procedural rules. An HOA attorney in California can help you:
Evaluate whether you may have a viable claim
Understand how the Davis-Stirling Act and related statutes may apply
Compile and organize relevant evidence
Assess potential remedies, which may include injunctive relief or damages depending on the claim
Navigate alternative dispute resolution requirements or litigation

Choose the Right Legal Representation for HOA Disputes

Not all attorneys handle common interest development disputes regularly. Homeowners often look for counsel familiar with California HOA laws and the procedural requirements that can apply.

Depending on the dispute, legal representation may involve matters such as:
Claims involving HOA boards and individual members
Challenges to enforcement of rules or fines alleged to be unlawful
Disputes related to architectural guidelines, ADUs, or assessment issues
Other legal matters affecting property rights

Additional Information

Holding an HOA board member personally accountable is not a step most homeowners take lightly. When property, finances, or rights are at stake, it may be helpful to understand how California law addresses director protections and potential exceptions.

For additional background, see: asserting your legal options.