By Rafael Aquino

Published May 3, 2023  


Association board members have the challenging task of governing and managing the affairs of their communities. They are responsible for making critical decisions that impact the lives of the association members, such as setting budgets, managing finances, enforcing rules and regulations, and making decisions regarding community amenities and infrastructure. In carrying out these responsibilities, board members must exercise their business judgment, and the business judgment rule is a crucial legal principle that guides their decision-making process.


The business judgment rule is a legal principle that protects board members from personal liability for decisions made in good faith and in the association's best interests. This rule recognizes that board members may make mistakes in their decision-making process. Still, they are protected from liability if they act in good faith, exercise due diligence, gather all necessary information,  consult with experts or professionals when necessary, and make decisions that are in the association's best interests.


Additionally, board members must act within their scope of authority, staying within their authority and acting with proper authorization. They should also document their decision-making process carefully and ensure that all association members are informed of the decisions and rationale behind them.


However, the business judgment rule does not provide blanket immunity for all decisions made by board members. The business judgment rule may not protect board members from liability if a decision is made recklessly or with gross negligence. Therefore, board members should consult with legal counsel when making critical decisions that may have legal consequences.


In conclusion, the business judgment rule is a vital legal principle that guides the decision-making process of association board members. Board members must act in good faith, exercise due diligence, and document their decision-making process carefully to benefit from this rule. However, it's essential to consult with legal counsel when making critical decisions that may have legal consequences.

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As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.


Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.

Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.

As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit or call 1-800-977-6279

Doral Office: 8200 NW 41st ST

Suite 200

Doral, FL 33166

Broward Office: 150 S Pine Island RD Suite 300

Plantation, FL 33324

O: 800-977-6279 ● F: 305-325-4053

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