It is always dangerous when non-legal people start quoting the law. They rarely get it right and Phil Trubey is no exception. Mr. Trubey would have you believe that the Board of Directors does not owe a fiduciary duty to its members. That is, quite simply, wrong. The California Courts, in recognition of the increasingly important role played by private homeowner’s associations, have
imposed a fiduciary duty owed by such associations to their members. See ⎁Cohen v. Kite Hill Community Assn. (1983) 142 Cal.App.3d 642.