hoa-job-faq

Can the secretary be sued for mistakes?

Discover if a secretary can be sued for errors and learn about liability, responsibility, and legal protections.

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Reviewed by:

D. Goren

Head of Content

Updated Dec, 6

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Can the secretary be sued for mistakes?

 

Can an HOA Secretary Be Sued for Mistakes?

 

The short answer is **yes, an HOA secretary can be sued**, but this rarely happens and usually only under specific conditions. Most honest mistakes made while doing normal duties do not create personal legal risk. The key question is whether the secretary acted within their role and in good faith.

 

When a Secretary Is Usually Protected

 

  • Good‑faith actions: If the secretary made a simple error while trying to do the job correctly — such as misfiling minutes or sending the wrong date for a meeting — they are usually protected by state nonprofit laws and the HOA’s bylaws.
  • Within the scope of duties: If the mistake happened while performing assigned tasks (record‑keeping, sending notices, keeping minutes), the HOA itself is generally the responsible party, not the individual.
  • Indemnification: Most HOA bylaws include indemnification clauses. This means the HOA must defend and cover the secretary if someone tries to sue over normal job-related mistakes.

 

When a Secretary Could Face Personal Liability

 

  • Intentional wrongdoing: If the secretary knowingly alters minutes, falsifies records, hides documents, or lies to owners or the board.
  • Gross negligence: This is more than a simple mistake. It means acting with severe carelessness, such as refusing to send legally required notices even after being reminded many times.
  • Actions outside official duties: For example, sending threatening personal emails, sharing private owner information, or making decisions they have no authority to make.

 

What Happens in Real Life

 

Most disputes target the HOA as an organization, not individual volunteers. Even if someone sues the secretary personally, the HOA’s insurance (Directors & Officers insurance) often steps in to defend them, as long as the secretary was acting in good faith.

 

Practical Protection Tips for Secretaries

 

  • Document actions clearly so there is a record of what was done and why.
  • Follow the bylaws exactly as written for notices, minutes, and records.
  • Ask the board for clarification when unsure — never guess on legal-required tasks.

In short, simple mistakes rarely create legal exposure. Personal lawsuits usually arise only when the secretary acts intentionally wrong, far outside their role, or with serious negligence.

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