Our HOA passed an amendment codifying under Illinois law our age targeted community as age restricted. A current builder sued the HOA but then dropped the HOA suit and sued each member of the HOA individually who voted for the amendment claiming tortious interference. Since it was the HOA who filed the amendment how can the builder choose to only sue the individuals who voted yes at a legally called and public meeting?
1 Answer from Attorneys
It depends largely on the allegations in the complaint. If the individuals knew about the business relationship between the HOA and the builder, and deliberately interfered with it, then there may be a claim. But the individuals could file and win a motion to dismiss.
Suing individuals also strikes me as an odd strategy because they are likely to be judgment-proof. I am not sure what the builder is trying to obtain.