Real Estate Law
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
can you tell me, are you online with me now?
ThanksI have some thoughts and am typing them up...a few mins please...
What you are describing would, likely, be a "tort", the tort of "breach of fiduciary duty" IF (and this is the key) IF the President used the money for personal gain.If this happened...if the President is using HOA funds for their personal benefit? That would be a breach of their duty to the board and the basis for a tort lawsuit.You could sue to recover for the harm suffered.Now...this gets a bit complex..since to sue you would need to hire an attorney (or act as your own attorney...generally not a good idea)So individual enforcement is perhaps not the best course of action...consider bringing this up to the board of directors...they can hire an attorney on behalf of the HOA to resolve thisPlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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Thanks for your understandingPhil