Q: Our association board members never seem to enforce the rules, and recently, this ended up with someone getting hurt. Is our association liable because of this? Are the board members? — Andy

A: Community associations are responsible for maintaining the community and enforcing its rules. When board members fail to enforce these rules, it can lead to confusion, frustration, and, in some cases, serious consequences.

If someone is injured as a result of the board’s inaction, it is natural to wonder whether the association or even the board members themselves could be held liable.

Liability in these situations depends on the specific circumstances and the association’s governing documents.

Generally, the association, as an entity, could be held responsible if the injury resulted from the board’s failure to maintain common areas or enforce safety rules.

For example, if the association failed to repair a broken sidewalk or ignored complaints about a dangerous condition, it could be found negligent. Negligence occurs when someone fails to take reasonable steps to prevent harm, and that failure directly causes an injury.

Board members are typically protected from personal liability so long as they act in good faith within the scope of their duties.

However, if a board member acts recklessly, maliciously, or beyond their authority, they could be held personally liable.

For instance, if a board member knowingly ignores a serious safety issue or acts in a way that is clearly contrary to the association’s best interests, they might lose that protection.

If you are concerned about a dangerous situation or your association’s liability, it’s important to act.

First, review the governing documents to understand the board’s responsibilities and the rules it is supposed to enforce. If you believe the board is not fulfilling its duties, consider raising the issue at a board meeting or submitting a formal complaint. Document your concerns in writing and keep a record of all communications.

If the situation does not improve, consider consulting an attorney who specializes in association law to explore your options.

In the meantime, the board should take steps to address the issue and prevent further harm. These steps might include reviewing the association’s insurance policies to ensure adequate coverage, conducting regular inspections of common areas, and consistently enforcing the rules.

By taking these steps, the board can help protect the association and its members from future liability.

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