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D&O Insurance

Documents

Directors and Officers liability insurance protecting board members from personal liability for governance decisions.

Definition

Directors and Officers (D&O) insurance is a specialized liability policy that protects HOA board members and officers from personal financial liability arising from alleged wrongful acts in their governance roles — decisions made in good faith that are later challenged by homeowners, vendors, or other parties. D&O coverage typically covers legal defense costs, settlements, and judgments. It does not cover intentional fraud, criminal acts, or self-dealing. Most HOAs are strongly advised to carry D&O insurance because individual board members can face personal lawsuits even when acting in their capacity as volunteers. Without it, a board member's personal assets could be at risk in a lawsuit against the HOA.

Why It Matters for HOA Boards

D&O insurance is one of the most important factors in recruiting and retaining capable board volunteers. Without it, few homeowners will agree to serve on the board.

Frequently Asked Questions

Does D&O insurance cover board members who make bad decisions?
Yes, for decisions made in good faith and within the board's authority. It does not cover intentional wrongdoing, fraud, or decisions made outside the board's scope of authority.

Related Terms

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This page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.