CA: Can owner sue former HOA board member?

[grimple]

What is the name of your state (only U.S. law)? California

My wife is a former HOA board member. One of the units in the building has water damage and has claimed to have had a problem with water and mold for more than a year. The unit was just repaired by the current HOA. The owner is threatening to sue my wife for not having the damage repaired when she was a board member. According to this owner the building's contractor claims to have told my wife that there was water damage in this unit and my wife allegedly said "don't fix it they don't speak english". My wife says no such conversation took place and I believe her. We haven't been able to talk to the contractor because he will not return calls or emails.

Looking back on her records this particular owner filed three complaints during the course of the year. One for termites. One for people hanging out on the roof. One for water damage. The water damage complaint wasn't filed until Oct 2011 the week before my wife left the HOA. So had there been water damage for over a year it was never reported until recently.

How worried should we be? Can this person sue? Is my wife protected as a former HOA member?

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

My wife is a former HOA board member. One of the units in the building has water damage and has claimed to have had a problem with water and mold for more than a year. The unit was just repaired by the current HOA. The owner is threatening to sue my wife for not having the damage repaired when she was a board member. According to this owner the building's contractor claims to have told my wife that there was water damage in this unit and my wife allegedly said "don't fix it they don't speak english". My wife says no such conversation took place and I believe her. We haven't been able to talk to the contractor because he will not return calls or emails.

Looking back on her records this particular owner filed three complaints during the course of the year. One for termites. One for people hanging out on the roof. One for water damage. The water damage complaint wasn't filed until Oct 2011 the week before my wife left the HOA. So had there been water damage for over a year it was never reported until recently.

How worried should we be? Can this person sue? Is my wife protected as a former HOA member?

**A: yes, the owner can sue the entire Board as an entity and your wife individually. It is not going to be fun. Was she covered under a Board D&O policy?

 

[grimple]

I'm not sure about the D&O. We'll have to look into it.

 

[HomeGuru]

I'm not sure about the D&O. We'll have to look into it.

**A:based on your post, it appears that the owner may have a good case.
Did your wife actually say those things?

 

[grimple]

I very much doubt it. She says no and I believe her. My wife has travelled all over the world and lived in other countries. She has a very diverse circle of friends. Someone not speaking english is hardly an issue to her.

So the paper trail showing no complaints about water damage/mold in the unit is not as strong in court as hearsay?