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Can HOA board member independently initiate lawsuit?


Question:

An officer who is Chairman of the Board of Directors and President of the Home Owners Association contacted an attorney to sue an insurance company. This person did not communicate to members of the board nor hold an open meeting to discuss the suit nor get approval from the Board of Directors to sue.

I, in this case, stand for the Chairman of the Board of Directors and President of the Home Owners Association and the below is written by him but not a direct quote. "I contacted XXXX firm to have them work with us on our behalf to obtain reimbursement of the legal fees we believed were due to the Association. After no responses from CNA to two written requests from XXXX firm, I authorized XXXX firm to move forward on a lawsuit against CNA. XXXX firm is representing us on a contingency basis. If we recover nothing, we pay them nothing. They made the determination to include the award portion of the case as well as the legal fee portion. I am sure that I informed the BOD of these actions with an e-mail but the only record I have is correspondence to Ms. XXX in response to Mr.XXX request for information in June."

I changed e-mail providers in June and lost all of my e-mail at that time. Can the President who is also Chairman of the board act on his own to initiate a law suit without Board approval? If he cannot, what are my options as an Association member who does not like actions of this person without representation of the Association?


Answers (1)

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