member spreading lies

Have you ever had a member accuse your board of breaking the law? What did you do about it?
We have been accused of many violations of the laws(federal,state and community rules) in 3 letters sent to the manager, and 1 is now posted on a website.
Our attorney said it is only the member's opinion so we can't do anything about it.
Can this be true?

Barbara

Barbara,

The attorney is correct in the issue (free speech sort of thing).
Glen is correct in the way he suggests to handle it.

Personally, I've been the one accusing the board of failing to follow the guidelines and/or State Law. I've also placed it in writing but always had proof and showed people where they could verify it independently. Therefore, I can understand the individuals frustration.

My suggestion is that the Board should ignore the knee jerk reaction every one has when they are told that they are doing something wrong and take the time to look into the allegations and reply to each and every issue. Citing the law and providing links when available. If you find an allegation that is true, or you can see how it might be interpreted that way, admit it and mention the steps the board will take to address the issue.

It doesn't matter if your the accuser or the accused, the truth is what counts.

Barbara,

I disagree with others who have said your attorney is right in saying you cannot do anything about it. I know HOA attorney's here in AZ who would advise having a letter sent to the member who is spreading lies to cease and desist or they will be subject to legal action. You cannot spread lies -- especially written, without being subject to legal action. I would suggest consulting another attorney, preferrably one who practices HOA law.

Barbara,

I also think that the right thing to do is to have your attorney write her a letter that will scare the bijeebies out of her. Warning that she is liable for false statements, etc.

Who's website did she post her accusations on? If it is the HOA paid for site, just plain remove it.

A little different twist to this it is our board that is sending letters to the HOA members they are not opinions they are flat out lies (about a member) what rights does this member have it almost seems like replying just keeps the whole thing going.

Mary,

I'm not saying to ignore the problem. The Board can not and should not ignore an issue like this. Per the OP, the lawyer, who had all the information, offered advise of not to pursue legal action. Glenn gave excellent advise on how to address the issue without using legal action. Others offered advise of threatening legal action. I pointed out how threatening legal action can backfire in this type of issue. It might not backfire and completely resolve the issue. I believe in offering as many options as I see along with the pros and cons as I see them. The final decision would be that of the individual, or in this case the Board.

If the Board chooses to threaten legal action, that is their right and a possible way to remedy the issue. I only wanted to point out, though an example, that threatening legal action could cause more problems then the false accusations were.

I believe that one could argue that if an individual agrees to run for a position on the Board or serve on a committee, that the individual is placed into the public spot light (similar to any elected public official). Granted the individuals "public" would be limited to just the membership and residents of the Association, but they are certainly no longer a private individual. Therefore, one would be subject to general characterizations just like is done with members of congress. It is permissible to say in your opinion all members of congress are crooks. You may not say Representative [insert name] is a crook without proof.

Since we do not know what the issues are, we do not know what the background is and we do not know what perceived facts the member is seeing for the basis of their opinion it's difficult to offer specific advise. I'm offering advise, as others are, based on the information available and personal experience. If the member is saying the Board is a bunch of crooks, then I believe that they are in their constitutional right to voice that opinion. However, if they said [insert name] is a crook and failed to have the facts to back it up then that is slander or libel (depending on if it was written or verbal). If it is slander or libel, then the individual named would have action against the individual saying it - not the Association.

That's my two cents.

Tim

I have to agree with Tim

As with Tim, I also accused my Board and PM of breaking the law, of which I could prove. Instead of responding, the PM, using Association funds, had our attorney write me cease and desist letters. IMO, if the member is accusing the Board, then if should be the Board who responds and not the manager.

You said "Our community had boards and a manager that did break the law and I filed a complaint with the state instead of making false accusations to the members." If the previous boards and manager broke the law and you filed a complaint with the state, how could you be making false accusations?

I would be curious as to what laws this member is accusing its Board of violating.

Trust in our Association was broken. The directors will be replaced next month and a new Board seated. Because of poor management, poor judgement, our Association lost over $300K, and that is only what I have found out so far. I think Tim makes some very excellent points and should be strongly considered.

Barbara you also said,

"Our community had boards and a manager that did break the law and I filed a complaint with the state instead of making false accusations to the members. "

If, instead of filing a complaint with the state, you had made accusations to the members, how would they have been false?

Tim,

You haven't offended me. I am asking for the opinions of all of those on this thread.

thanks
Barbara

Barbara,

Up here we call that "trash talk" and it is not worth the time and energy to get all fired up over. I think that if your Board prefers not to go the lawyer letter route, then just complete non responsiveness to her is the alternative. She just might run out of wind if she no longer gets reactions from all of you. She has not taken any action to prove her accusations so just let her die off with her stupidity.

Barbara,

Would you care to share what laws or statues this individual is accusing the Board of violating. My CCR's state that the management and complete control of the Association's affairs and the Project itself will be the direct responsibility of the Board of Directors and will consist of the Members of the Association who will be elected by the membership of the Association.

Ultimately, you are the captain of your ship. Maybe all this homeowner wants is some communication from the Board itself and you have been pushing it off on the PM. If you are right, stand up and be accountable. That's what leaders do.

Jeff and Richard,

She comes to meetings and certainly voices her opinions. She is personally targeting 3 of the 4 board members. Three of us served with her on the last board. You can't have a conversation with her as all she does is make accusations.

Barbara

Barbara, if the member is getting the kind of mixed messages you are giving us, I can see why she is upset. You've been asked for specifics on what laws or ccrs she is claiming etc but aren't providing the info.

"She won't be specific about which Federal,State or community rules we violated."

"She is being specific with her allegations when she is speaking with the community members and in her letters to the board. "

Some people here are just taking it for a fact that she is spreading lies but there are no specifics from you.

??????

I haven't heard one "lie" mentioned or described, have you?

Correction,
If someone (delete - says another person) is spreading lies, I agree with you, and I have taken the type of action you suggested, myself. A lawyer's letter,

Mary, you are not wrong, nor am I right. Everyone answers questions, in part, based on their own personal experiences and knowledge. You answered the question as asked, I am just not sure that the question asked is necessarily the root of the problem.

There are two possible paths to take, 1. do nothing and hope it goes away...but more likely it would fester, grow, and lead others to doubt what the board is doing, or 2. do something.

Barbara has said the person won't be specific which laws/rules are being broken but IS being specific with her allegations when she speaks to members and in her letters to the board.

It seems that providing the specific ccr/law that is allegedly being broken, and what the member believes the board is doing to break that law/rule would allow posters to provide more helpful answer.

It seems that a HOA that has already had multiple boards and at least one management company the Barbara said broke laws/rules would put all members on alert to avoid a repeat. The lawyer also provided his/her opinion.

This member could just be being a pain in the a** but they have taken the initiative to write 4 letters because this issue seems to be bothering them and they also have a vested interest as they would be subject to the liability resulting from any penalties that might result if in fact a law is being broken. Barbara said the member doesn't want to listen, but on the otherhand Barbara has also determined, rightly or wrongly, that the member is wrong...and if that is her position going into a discussion with the member then maybe it isn't just the member who doesn't want to enter the discussion with an open mind.

No offense to Barbara intended.

Mary,
I am in agreement with you on this, especially the part where this person is saying that the Board is breaking the law. That is where she either needs to show what the law is or shut up. Some fibs are just gossip or just someone trying to get attention to themselves but there is a point where the statement becomes a liability issue and it needs to be addressed. The member is not accusing one person of not following the laws, but an entire Board. Inaction shows too much complaceny on the Boards part. Dispite some feeling that the Board should take no action is not showing unity or strength of this Board.

Get a letter to her from the attorney and then drop it. She seems to fuel off of the reaction of the Board. Let her know that she must stop. Be done with it and move on. At least she will be made aware that she is in deep doo doo with the board and needs to find something else to do.

DJ,

I won't post the lies as the member may be reading this thread. I don't want to give any ammunition in case we have to go to court.

The attorney knows the accusations are lies but thinks its free speech. That's the part that is frustrating. It's looks like we will have to look for another attorney as most of you agree its not free speech to spread lies.

Barbara

Barbara,

Whereas I do not think it proper for a board to shop around to find an attorney who agrees with them, I do believe it's OK to get a second opinion. An HOA boards attorney should be one who specializes in HOA law. I know a number of HOA attorneys here in AZ and I doubt any would claim that a member spreading lies about the HOA BOD is just exercising free speech. This is not the same as me spreading a lie about my neighbor. A member who stoops to this level can do a lot in the way of damaging the BODs credibility. You know that a lot of people want to think the worst of someone, especially an HOA BOD!! Telling this member they are wrong in their accusations doesn't mean they will stop, but sending a letter threatening legal action most likely will.