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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34283
Experience:  12+ yrs. of experience including real estate law.
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My HOA President closed and opened a new HOA petty cash

Customer Question

Hello. My HOA President closed and opened a new HOA petty cash account without knowledge inclusion of the full board. Can I file a tort action and how do I go about it?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: The State of Georgia.
JA: Has any paperwork been filed?
Customer: No paperwork that reflects notification and inclusion of the full Board.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 8 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

can you tell me, are you online with me now?

Customer: replied 8 months ago.
Expert:  P. Simmons replied 8 months ago.

I have some thoughts and am typing them up...a few mins please...

Expert:  P. Simmons replied 8 months ago.

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 this

Please 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.

Expert:  P. Simmons replied 8 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding