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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?
Jan 24, 2019
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

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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