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Can HOA board members be held responisble for criminal activities?

Posted on Sun, Aug 19, 2012 @ 08:12 AM
  
  
  
  
I am president of our condo association and would like to know if I can be held responsible for any criminal activity by people leasing units when owners will not submit proper leases and other board members or owners will not agree to take legal action? Thank

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Read the condominium original declarations (CC &Rs, Covenants, Conditions and Restrictions), and By-Laws. Usually board members enjoy some protection from from bad decisions while holding office from civil liability. However, If you are knowledgable of criminal of criminal behavior you could be liable for aiding and abbetting. If you are knowledgable about egregious civil and tort violations you could be liable for civil action if you failed to act or failed to do your fiduciary duty after knowing certain facts.  
 
If you know of some wrong doing, go on record to report it to the proper authorities and bring it up as a board meeting and go on record as oppossing it.

posted @ Sunday, August 19, 2012 8:36 AM by john_mastro


If you take actions that a 'smart' person would and document such, I believe you'ss be safe. To do nothing where you see civil or criminal misconduct is to step into the do-do.

posted @ Sunday, August 19, 2012 9:06 AM by Frank - MA


John_Mastro pretty much sums it up. Let me say the same thing but differently. 
 
Here in NC, our covenants state that owners must inform HOA of all leases and our rules and regs state that the owner must perform a background check. However, the HOA has no real leverage in enforcing any of it. We even have one owner who claims that the resident of her condo is a roommate though she does reside in condo. 
 
Now on to criminal activity. Criminal activity conducted within the condo itself or any common area and committed by a resident (owner, renter, or visitor) is not the responsibility of the HOA because it is a civil matter. That said, should a resident complain to a Board Director of another resident's suspected criminal activity that Board Director should advise the resident to contact the police but now the Board Director has knowledge of the possible criminal activity so they need to contact the police as well. As pointed out, failure to do so could result in criminal action against the Board Director and a possible civil suit but that is not because they were a Board Director but just because they had knowledge. 
 
Here is the gotcha. If the criminal activity is caused by the owner, then beside criminal law enforcement others can only engage owner, who is probably going to jail, in a civil suit. If the criminal activity is caused by a renter or visitor, then the owner is extremely vulnerable to possible criminal enforcement (aiding and abetting) as well as a civil suit, especially if the HOA covenants and other governing documents specify the owner's responsibility for properly vetting the renter. 
 
Bottom line, the HOA Board does not replace law enforcement regarding criminal activity. The Board of Directors have to turn their hat around and become citizens, just reporting the suspected criminal activity to the police.

posted @ Sunday, August 19, 2012 9:20 AM by Ron


I would like to use a computer program to manage the finance of our small condo complex, only 5 units, self-managed. Any recommendations?

posted @ Sunday, August 19, 2012 11:29 AM by Margarete Catalano


Please submit questions that pertain to separate subjects to another thread. 
 
That being said with only 5 units just use excel or Google documents.

posted @ Sunday, August 19, 2012 12:11 PM by Margarete


I reported some activity where a tenant's unit was completely searched by the police. The police refused to give me info or to the owners of the unit. The assn president did not get back to me.I went to the owners and they said they could do nothing not knowing the reason the police did a complete search.The police refused to tell them. So, there they stay. My hands are tied too. I documented it and am still mad about the lack of co-operation.

posted @ Sunday, August 19, 2012 12:18 PM by Mari


The Police do not usually tell squealers the results of their investigations.

posted @ Sunday, August 19, 2012 3:53 PM by Toddo


Regarding search: until evidence of a crime is actually found, as a matter of civil rights, the police should not be giving out information on ongoing investigations. There might be unfounded allegations on innocent people and to bander that info about would put the police liable for defamantion of character.

posted @ Monday, August 20, 2012 7:54 AM by john mastro


Thank you John. I had not thought that maybe the police had not found evidence of a crime. They have not been back either so that is a good thing.

posted @ Monday, August 20, 2012 8:00 AM by Mari


Thank you for your comments. I think I really knew what I had to do all along I have read our by-laws & regs, & also the rules the owners made about doing background checks on leasers but no one will act. I am going to continue to pay bills & collect asses but have my name taken off Incorporation papers completely. I am also going to try to move I can't live in a bldg. where everyone just does as they please and there are no rules followed. I can't prove there is criminal activities going on presently but I suspect there are. I will go to police & Alderman if I have the proof. Most likely it is gangs trying to move in. 
 
Thank you 
 
Linda

posted @ Monday, August 20, 2012 9:08 AM by Linda Genco


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