The short answer to this common questions is: Maybe.

In general, California’s HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).) Directors of an association have no vicarious liability for torts of the association, even though they are the policymakers that control the association’s conduct. (Frances T. v. Village Green Owners Assn. (1986) 42 Cal. 3d 490, 504.) Directors and officers can also be indemnified by their association if they had no reasonable cause to believe their conduct was unlawful. (Corp. Code §7237.) The Corporations Code extends further protections under the Business Judgement Rule. Further, many CC&Rs and bylaws both protect officers and directors of HOAs from liability for negligence while in office. Often, the HOA’s insurance policy will cover directors and officers for errors and omissions made while in office.