In Jaffe v. Huxley Architecture (1988) 200 Cal. App. 3d 1188, 1193 246 Cal. Rptr. 432, a condominium homeowners association brought a construction defects action against the developers, who sought equitable indemnification from individual members of the association's board of directors based on the board's acts and omissions which contributed to the damage caused by the original defects. Concluding that such an action was untenable, the court reasoned that since the acts of the board were in effect the acts of the association, the developers could have asserted a claim against the association under the doctrine of comparative negligence or avoidable consequences. (Jaffe, supra, 200 Cal. App. 3d at p. 1192.) Moreover, the court found that the relationship between the homeowners association and its board is a special relationship which strong policies dictate should be preserved. (Id. at p. 1193.) Thus, the court left in the hands of the association the question of the personal liability of the board members and whether they should be sued for negligent performance of their duties. (Ibid.)