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Director Liability Under the Condo Law

Prasse-Anderson Law June 19, 2023

In Florida, owners of condominiums within a community often establish an association to enforce rules and bylaws and oversee the daily operations of the planned community. In addition, members of the condominium association may elect a board of directors to oversee the association’s affairs and activities. In the event of a breach of fiduciary duty to their members, mismanagement of funds, or other impropriety, the condo directors may be held liable for injuries and damages.  

At Prasse-Anderson Law, we have the practice and resources to represent clients in their community association cases. Our knowledgeable Florida community association law attorney can inform condo directors about their duties, help protect them against potential liability, or determine the best way to resolve condominium and HOA disputes. We proudly serve clients across Tampa, Florida, and the surrounding areas, including Pasco and Pinellas. 

The Duties of Condo Directors 

A community association is a non-governmental organization formed by residents of a planned community, such as a condominium, neighborhood, cooperative, village, or delineated geographic area. Members of the community association elect a board of directors to handle the association’s operations and enforce the community’s governing documents. 

Here are some duties and responsibilities of the directors of a condominium association: 

  • Protect the investments and interests of condo owners within the community. 

  • Maintain the common property 

  • Collect fees and manage the finances of the association. 

  • Oversee the day-to-day operations of the planned community 

  • Enforce the rules and bylaws of the association. 

  • Carry out routine inspections and monitor building maintenance. 

  • Monitor the association’s finances and watch out for the misuse of funds. 

  • Establish long-term goals and plan for the future of the condo community. 

In addition, the directors must take the necessary steps to resolve disputes that arise between the condo associations and their members. 

Common Condominium/HOA Disputes 

Here are some common disputes that often arise between the condominium association and its members: 

  • Breach of covenant 

  • Negligent actions 

  • Financial mismanagement 

  • Delays in carrying out routine building maintenance or repair 

  • Neglected landscaping 

  • Failure to maintain common elements 

  • Violating pet policy 

  • Personal injury or property damage 

  • Discriminatory enforcement of rules against some residents 

  • Failure to comply with a request 

  • Board action disagreement 

A reliable Florida HOA attorney can investigate the reason for the dispute and determine whether the condo director may be held liable. 

When Can a Condo Director Be Held Liable for Damages? 

Under Florida law, a condo director may be held personally liable for monetary damages to any person if:  

  • The director breached or failed to perform their expected duties.  

  • The director’s breach of fiduciary duty constitutes a violation of the criminal law.  

  • The director was involved in a transaction in which they gained an improper personal benefit.  

  • The director acted recklessly or in bad faith.   

If you need to defend yourself against a breach of fiduciary duty lawsuit, you need to contact a highly-skilled community association attorney immediately. Your legal counsel can investigate the allegations against you and strategize an effective plan to protect your rights and help resolve the HOA dispute. 

Resolving a Dispute 

Some possible options to resolve condominium or HOA disputes include: 

Settlement Meeting: A settlement meeting between the directors and its members to resolve the issues. 

Mediation: Mediation requires the disputing parties to come together to discuss a possible resolution. A neutral third party – mediator or mediation attorney – will facilitate the discussions and negotiations and help them reach a feasible compromise. 

Arbitration: In arbitration, all parties involved in the HOA dispute will submit testimony and evidence to the arbiters. The arbiters will review the available evidence and determine the ideal resolution for the disputes. 

Litigation: However, if you’re unable to settle the disputes during the settlement meeting, arbitration, or mediation, you may pursue litigation. This requires filing a lawsuit in civil court. A jury or private judge will help settle the dispute by issuing a final order. 

How an HOA Attorney Can Help 

Condo directors are often appointed to serve the best interests of the association and its members. Unfortunately, the directors may be held personally liable for a breach of fiduciary duty for acting negligently or in bad faith. At Prasse-Anderson Law, we enjoy protecting directors of condominium associations from personal liability.  

As your legal team, we can analyze your case, outline a beneficial defense strategy, and seek to establish your innocence. Whether you need to defend yourself against a lawsuit or resolve a condominium dispute, we can direct you through the legal procedures involved and help you achieve the most favorable outcome.    

Contact us at Prasse-Anderson Law today to speak with our experienced HOA attorneys. Our trusted legal team has the skilled representation and dedicated advocacy you need in your condominium association matters. Our firm proudly serves clients across Tampa, Florida, and the surrounding areas, including Pasco and Pinellas.