Legal Fees in Enforcement Actions / Personal Liability of Directors - SB1468

SB1468  has been introduced in an attempt to force the individual board members to reimburse the attorneys’ fees and costs of an owner who “substantially prevails” in an enforcement lawsuit against the condominium or planned community association.  Instead of being required to pay the attorneys’ fees to the owner, the directors are “personally liable” to reimburse the association for any attorneys’ fees the association had to pay to the owner who won the case.  Click here to view SB1468: SB1468 Introduced Version.    This bill, if enacted, would make it impossible for a condominium or planned community association to find volunteer board members.  Who in their right mind would volunteer for service on the board of directors if this risk exists?  This is the “Make Sure No One Every Volunteers to Serve on Their Board” act!