H.O.A., INTENT LAWSUIT. The Duty to Act Within the Scope of Authority

This duty requires the HOA Board to perform the duties it’s obligated to carry out, but prohibits the Board from making decisions or acting on matters without the authority to do so. The authority of an HOA comes from its obligations under state laws, as well as the authority granted to it in the development’s governing documents. 

A Board member’s fiduciary duties involve three basic components: the duty of care, the duty of loyalty and the duty to act within the scope of its authority.

The duty of loyalty requires that HOA Board members act fairly, in good faith, in the interest of, and for the benefit of, the HOA as a whole, rather than make decisions based on any personal interest or gain. HOA Board members should also avoid acting where there is a conflict of interest.

Florida Statutes, sections 95.11

Unhappy homeowners can sue the HOA and the Board members individually for any number of reasons--for example, if the HOA fails to properly maintain a common area, not returning phone calls, improper/discarding use of facilities or discriminates when enforcing a rule.

The Hampton Lakes homeowners will be updated and addressed on all matters of this intent lawsuit with a signed affidavit regarding the removal of such HOA board members. This will be in the intent lawsuit filing and a copy of the filed complaint with the state attorney's office Department of Professional business and regulations board.

All questions will be addressed by emailing, santanellipadd@aol.com

Philip Santanelli, P.A.LLM.LLC
Your concern neighbor!!!