While some situations may warrant direct action against a board member, others may be more effectively resolved by focusing on the HOA as an entity.
If you're considering this path, seeking early guidance from an experienced HOA attorney in California may be helpful. This article provides general information about California HOA board-member liability and related dispute-resolution options; it is not legal advice.

When You Can and Can't Sue an Individual Board Member

In many situations, board members have legal protections (including the “business judgment” rule) and protections that may exist in the association’s governing documents, which can reduce or eliminate personal liability when they act:
In good faith
Within the scope of their authority
With reasonable care
In a manner they believe to be in the best interest of the association
However, homeowners may pursue claims against individual board members in some circumstances, including allegations of misconduct such as:
Embezzlement or fraud
Self-dealing or conflicts of interest
Discrimination, retaliation, or harassment
Willful violations of California law or the association’s governing documents
Before naming an individual board member as a defendant, many homeowners choose to consult an HOA attorney in California to evaluate whether the facts and available remedies support that approach.

Common Issues Individual Homeowners Face with HOA Boards

Homeowners associations are intended to serve the community, but individual homeowners can experience unfair decisions, unclear rule enforcement, or misconduct. Some common issues that can lead to disputes include:
Unjustified enforcement actions such as fines or penalties
Lack of transparency regarding financial decisions or assessments
Discriminatory or selective enforcement of rules
Denials of architectural or ADU-related requests without a stated basis consistent with the governing documents and applicable law
Failure to follow legal requirements for board actions
These challenges can be difficult to navigate, and homeowners sometimes seek legal counsel to better understand their rights and options, including negotiation, internal dispute resolution, alternative dispute resolution, or litigation when appropriate.

Legal and Strategic Risks to Consider

While it may be tempting to hold a board member personally accountable, doing so can carry certain risks:
Higher burden of proof: Depending on the claims and defenses, board members may argue that their decisions are protected by legal standards that give deference to good-faith decision-making.
Potential for counterclaims: In some circumstances, board members may assert counterclaims (for example, defamation or abuse of process) if they contend the lawsuit lacks a sufficient legal and factual basis.
Limited recovery: Even if successful, a claim against an individual board member may not result in significant financial recovery unless there are provable damages and a viable basis for personal liability.
Prolonged litigation: Targeting individuals can increase the complexity and duration of legal proceedings.

The Importance of Documentation and Legal Support

If you believe a board member’s actions have harmed you or your property, consider gathering documentation such as:
Emails, letters, and board meeting minutes
HOA notices or violation letters
Financial reports or evidence of misuse of funds
Witness statements or patterns of selective enforcement
Documentation is often important in HOA disputes—whether the dispute is with the HOA, an individual board member, or both.

Weighing Alternatives: Is the Association the Better Target?

In many cases, the most effective legal strategy may involve pursuing claims against the HOA itself rather than individual board members. Depending on the facts, this can involve:
Remedies directed to the HOA, including potential court orders affecting association decisions or compliance
Potential access to applicable insurance coverage or association resources (subject to policy terms and legal limits)
Resolution through mediation or negotiated settlement
A California HOA attorney can help evaluate whether filing against the HOA—as an entity—may be more appropriate based on the claims, defenses, and available remedies.

Legal Counsel and Alternatives to Litigation

Not all HOA-related conflicts require a lawsuit. In many cases, alternative dispute resolution methods like mediation or arbitration can lead to meaningful outcomes without the time and cost associated with court proceedings. Some associations’ governing documents address dispute-resolution procedures, and California law also includes requirements that may apply before certain HOA lawsuits proceed.

Seek Fair Outcomes Without Unnecessary Conflict

Not all disputes require litigation. In some cases, a well-drafted demand letter or participation in internal dispute resolution may resolve the issue more efficiently. Depending on the situation, options may include:
Mediation and arbitration
Participating in internal dispute resolution (IDR) or other processes described in the governing documents
Negotiating rule revisions or enforcement policy changes
Taking legal action when other resolution efforts are unsuccessful or not available

Speak with an HOA Attorney Before You Sue

If you’re considering suing a board member, it can be important to understand the potential risks, limitations, and procedural requirements under California law before taking action. Many homeowners consult a California HOA attorney to evaluate the facts, identify potential defendants, and explore alternatives such as IDR or mediation where appropriate.