HOA glossaryBoard & governance
What is the business judgment rule?
The principle that courts will not second-guess an informed, good-faith board decision made without conflict and within authority.
The rule protects the decision, not the director. Where a board was informed, disinterested, acting in good faith and inside its authority, a court will generally decline to substitute its own judgment even if the outcome was poor.
Each condition is doing work. A decision made with no information, or by a director with an undisclosed interest, or outside the powers the documents grant, falls outside the protection and is judged on its merits.
How strongly the rule applies to community associations varies by state, and some states apply a reasonableness standard to certain categories of decision — enforcement and rulemaking in particular — rather than the deferential corporate standard.
Why it matters to a board
Get the information, disclose the conflicts, act in a meeting, and write it down. That sequence is what the protection attaches to.
Where the answer lives
Your recorded declaration and bylaws first, then the act that governs associations in your state. Whichever is stricter is the one that binds you.
Related terms
Start with one community. Or all forty.
Free for thirty days. No card required.
For management companies with 500+ doors, ask about Multi-Portfolio onboarding.