Who is ultimately responsible


We recently got a new HOA Board as all 5 members suddenly resigned one night. It seems that the past president awarded himself the contract of lawn maintenance under a dummy name and was receiving compensation which our management company never reported on a 1099.
If the new Board tries to make this right, is the management company or the HOA liable for penalties and fines?

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Posted by Anonymous
Asked on January 24, 2019 6:33 pm
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I'm not sure what you mean by making it right. But, can the Board hold the Property Manager responsible for maleficence? Likely yes. Can the new Board bring a claim against the former President for his maleficence? Likely.
The Board should consult an attorney to clearly review the facts and issues so that it can formulate a solid plan to move forward with.
Of Course you can book a consult here on RobinsonandHenry.com

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Posted by donald@robinsonandhenry.com (Questions: 0, Answers: 282)
Answered on January 25, 2019 6:00 pm