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Question about HOA Law.??

The point is that the current officers of the HOA have a fiduciary duty to the members.

What the current board does as a response to this matter is subject to legal scrutiny. The HOA is a legal entity with powers and responsibilities, and its officers' actions (or lack of them) have consequences.

By all means, seek legal counsel, but if I was a member of the HOA I'd take a dim view of the current board trying to minimize the theft of MY HOA fees, so once that audit is completed, seek legal advice on the best path to pursue.
 
I’m a member of an HOA that the financial treasurer has stolen an untold amount of finances away from HOA community. What if any legal recourse Do I have other than selling and moving. I have no confidence that this will be handled correctly.. please advise
Have documentation
 
Embezzlement is no joke. Let the audit find out how much she stole. Don't think you need any kind of vote for that. Let the police handle it, her and her husband get to move out or you can have the rest of the HOA board vote to foreclose on their home.
 
Crimes are offenses against, quote,
"...the Laws of this State, the Good Order and Peace & Tranquility thereof."

That means the State can prosecute even when the "victim" doesn't want to see the criminal laws enforced.

Victims of crimes are legally classified as WITNESSES, not "parties" to the legal case.
 
The fear of publicly outing them to the community usually holds more fear for the HOA Karen and Ken than anything else.....

I would give them the choice of returning the money, or prosecution, once they return the money, take the evidence to law enforcement and press charges. That is the best way to get a win win for all parties.

Once the criminal case has run its course, then you file a civil lawsuit.
 
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