Can Condominium Board Members Be Sued for Helping Their Community?

It is your duty as a board member to serve your condominium association to the best of your abilities. Sometimes, this means making tough calls that community members may not agree with. When tempers flare, it’s not uncommon for a disgruntled community member to take the legal route and attempt to sue board members directly. In this article, we discuss whether or not a condominium board member can be sued by their association members. If you are interested in ensuring that your condo association runs smoothly and lawfully, contact Wise Property Management, Inc., a Tampa condominium management company. 

You Are Generally Protected

To get straight to the point, you are not personally liable for the decisions you make as a board member. You are protected as long as you conduct your duties in “good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association.” This is stipulated in the “business judgment rule,” which is designed to protect directors from frivolous lawsuits. However, there are circumstances in which a board member can fail in their duties and find themselves in legal trouble. 

Your Responsibility to Your Association

The business judgment rule assumes that you are acting with a fiduciary duty, or legal responsibility, to the association. In order for a person to sue a board member directly, they would have to prove that a board member: 

  • Breached or failed to perform their duties
  • This breach constituted criminal activity

Additional breaches of duty include improper personal benefit; willful disregard of human rights, safety, or property; and intentional misconduct; among others. 

Absent evidence of the above offenses, board members are protected from being sued directly as long as they act in a reasonable manner. As we’ve covered previously, however, it’s all too easy for board members to become overwhelmed by their duties. When that happens, an honest mistake can lead to a litigious community member filing suit. In order to protect you and your fellow members, you need the assistance of a Tampa condo association management company with years of experience.  

Safeguard Your Association 

At Wise Property Management, we offer a slew of benefits to condominium associations that not only comply with all state laws but also make life easier. Our services include but are not limited to comprehensive association management, accounting and bookkeeping, notice distribution, records retention, and rental management. We’ve heard numerous horror stories of hasty decisions leading to a costly legal fallout. When you partner with WISE, you gain the experience of a company that has been serving the Tampa Bay area for decades. Contact us today and ensure that you are protected from avoidable mistakes and the lawsuits that follow. 

Are you ready to work with one of the top Tampa condominium management companies that makes life easier for you and your board members and improves the value of your property?  If so, submit our proposal request form today!

Anonymous | Monday, October 28th, 2019 | Uncategorized |


Our founder, William C. Spivey, is a man who believes in the power of people...



We are a family-owned and operated company built in the Tampa Bay Area by a working-class Tampa family.



In today’s day and age, technological advancements are occurring at a rapid rate. These developments...



At WPM, we understand the sensitivity and importance of a management transition. We will proactively work in...



  • Couldn’t have asked for better service. It’s NEVER this easy dealing with property management companies. Great Job! Thanks so much!

    Brent I.

  • Cody Glass from the accounting department was very helpful and professional with a lot of courtesy to help me to understand and set up a new payment process.

    Eric F.

  • I work with Wise on a regular basis, as the nature of our business requires quick turn around times. They are kind and helpful when you need something.

    Natasha A.

  • I have always received great service from Wise. Any time I need help someone always answers the phone and directs me to the right department.

    Elaine R.

  • My name is George Florence, I am the Board President of Villas of Northdale, and I have been a Board member for 5 years now. We have had perfect help from Wise Property Management.

    George F.

  • Wise Property Management is the quintessential image of a professional, organized, comprehensive, deligent and knowledgeable Property Management company.

    Kristy D., South Pointe HOA Vice President.

  • I have been working with Jeanie Hunter of Wise Property for several years now. She has handled all our Tampa Villas South association issues promptly and with great efficiency.

    Ken C., Tampa Villas South HOA Vice President.

  • Very easy to work with and everyone is friendly. We have worked with them for a very long time and love the experience. They take pride in their work and truly enjoy what they do.

    Joey V.

  • Contact Information

  • Community Information

  • This field is for validation purposes and should be left unchanged.