Is Your HOA Board Exposed to Liability for Negligence? | The Uncommon Area Ep. 93

Boards are volunteers. They don't get paid. But they can absolutely get sued. Attorney Lisa Tashjian of Beaumont Tashjian joins host Matthew Holbrook to pull back the curtain on one of the most misunderstood risks in community association governance: negligence. In this episode of The Uncommon Area, attorney Lisa Tashjian breaks down what negligence actually means in a legal context, how it differs from gross negligence, and why HOA board members are not as protected as they might think. The conversation covers real-world scenarios including underfunded reserves, deferred maintenance, harassment complaints, community safety concerns, and the dangerous practice of "opinion shopping" for favorable expert reports. Lisa and Matthew also explore the business judgment rule and how boards can use it as a legitimate shield, the difference between negligence of commission and negligence of omission, and why a "book of resolutions" may be one of the most underutilized risk-management tools in community association governance. Key Lessons: Documentation is your first line of defense against a negligence claim Boards that haven't raised assessments in years are likely masking serious deferred maintenance Ignoring a complaint is not the same as deciding to take no action — and only one of those creates liability Opinion shopping (seeking expert reports until you get the answer you want) will not protect you in litigation Board members who act unilaterally, outside of a board vote, expose themselves to personal liability A "book of resolutions" separate from meeting minutes is a powerful legal protection tool Resources Learn more about Lisa: https://www.hoaattorneys.com/lawyer/L... Subscribe to The Uncommon Area on another streaming platform: https://www.actionlife.com/the-uncomm... Related Episode on Harrassment:    • When HOA Meetings Go Wrong: Texas Law & Co...   Chapters 00:00 Introduction 02:17 Negligence vs. Gross Negligence — What's the Difference? 10:47 Documentation: Your First Line of Defense 13:20 The Reserve Funding Trap Boards Fall Into 19:12 Personal Liability for Individual Board Members 23:04 Deferred Maintenance and Structural Concerns 24:46 Opinion Shopping — Why It Backfires in Court 27:44 The Business Judgment Rule 32:25 Neighbor Disputes and Harassment Complaints 38:54 Safety, Crime, and Community Obligations 43:40 Social Media and Imputed Board Knowledge 50:19 Commission vs. Omission — Two Ways to Be Negligent 51:43 Minutes vs. Resolutions — What Goes Where 59:38 Anti-Discrimination and Harassment Policies 1:01:16 Wrap-Up