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BillG9 (Pennsylvania)
Posts: 2
Posted:
Hello. I'm on the board in a townhouse community in PA.

I recently received a letter from a homeowner in which she makes libelous statements about another homeowner. I received the letter because I am on the board.

My question is, I want to share this information with the other members of the board. But, if I submit the letter, would that be publication of libel? Or, is it my duty to submit the letter to the other members, or do I just have to summarize what she said?

In general, are communications between board members privileged? I understand that records from our official meetings are not privileged, but what about relaying this information?

I looked through the post on email communications, but felt this was a little different so I made a new topic.

Thanks,
Bill
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I've had plenty of complaint letters. Many try to send them without names attached. It is the BOARD's responsibility to take action and NOT an individual BOD members. The letter should be discussed with the other board members. It is HOA business.

Now in regards to discussing it in an open meeting...There's a fine line there. If your only meetings with the board are at open meetings (Most are), then a bit of "tact" is necessary. That is when I would address the letter in more "generic" terms with no names. I would have the BOARD read it amongst eachother so they know what your talking about.

Members in HOA's don't understand what being in a HOA is. They are basically a member of a club. Exclusive club only open to owners of the property. Which means that if they choose to address an issue, it is subject to OPEN discussion at a meeting. I think once they get the concept that things don't happen behind closed doors, their approach to the issue may change.

I kind of compare this issue to going to church...Your spouse has been diagnosed with an embarrassing privates area condition. The Preacher's wife works at the doctor's office...Guess who's name is put on the "Sick Call" list at church to be prayed for and their condition? See what I am saying? How would you best want to handle that situation? That would be the approach I would take here...

Former HOA President
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By BillG9 on 08/03/2011 8:54 AM

My question is, I want to share this information with the other members of the board. But, if I submit the letter, would that be publication of libel? Or, is it my duty to submit the letter to the other members, or do I just have to summarize what she said?

In general, are communications between board members privileged? I understand that records from our official meetings are not privileged, but what about relaying this information?

I looked through the post on email communications, but felt this was a little different so I made a new topic.

Thanks,
Bill

Libel? No. You are not making a statement, nor are you publishing it. Just present it as a fact. "I received this letter. The letter says the following. I believe the board should be informed." You are not the author of the statement, nor are you passing it along as a pseudo author. And, finally, the letter should not be published anywhere, even when you submit it to the board for their action. Who would publish it? Why?

Duty to submit or summarize: whichever you wish to do. I would provide copies, and then summarize it depending on what action you think the board may be taking with it.

Privilege: IANAL, but I know of no legal privilege that attaches between board members communications, UNLESS the communications are already of a privileged nature (in which case, privilege attaches based on THAT reason, not because two board members are communicating).

LawrenceC1 (Georgia)
Posts: 480
Posted:
Quote:
Posted By MelissaP1 on 08/03/2011 9:09 AM
...things don't happen behind closed doors...

Melissa is right about open meetings and members of the association having a right to know what is going on. There is one exception to that principle, and that's "executive session" where the board can meet behind closed doors to talk about contract negotiations, personnel issues, litigation, and similar topics. Discussing an issue such as a potentially libelous letter to the board could fall into that category.
JonD1
Posts: 2,350
Posted:
Bill:

Several issues come to mind in regards to your situation.
What was the nature of the libelous comments?
Does the homeowner expect the Board to involve themselves? Are they waiting for the Bpard to take some action?

Why would the homeowner send YOU alone a copy of the letter?
Are they sending it to you in your capacity as a Board member or neighbor?

Does the letter suggest the violation of property rules and regulations?

First IF you have a mangement compnay and IF this letter reports violations it should be sent to the MC Npot on e individual Board member.

I would make this homeowner aware that in the future you will not be accepting mail regarding Board matters at your home address.

Not knowing what your idea of libel is leaves us unable to determine if the statements in this letter are libel, issues the Board should ibvolve themselves with or simple nonsense.

Perhaps, a letter with personal accusations and showing hard feeling of a personal nature does not or should not involve the Board.

If the letter alleges violations of property rules or standards only then shouild this matter become a Board issue.

What is YOUR relationship with the homeowner? Do ytou have a relationship with or knowledge of the mentioned party?

Is it required the Board address the claims made in this letter as a Board of an HOA?

If not it has no place at a Board meeting or passed around an open meeting.

Are your meetings open?

I would suggest if posible you provide us with a general description of the contents of this letter perhaps then we might suggest a method of handling this matter.

As to YOUR risk of libeous action IMO there is none but why make this an issue if it is not required.

IMO the Board should stay out of petty personal matters an address only those that require their attention.

If this is the case stay out of it and accept no more letters.

BillG9 (Pennsylvania)
Posts: 2
Posted:
Quote:
Posted By LawrenceC1 on 08/03/2011 2:40 PM
Posted By MelissaP1 on 08/03/2011 9:09 AM
...things don't happen behind closed doors...


Melissa is right about open meetings and members of the association having a right to know what is going on. There is one exception to that principle, and that's "executive session" where the board can meet behind closed doors to talk about contract negotiations, personnel issues, litigation, and similar topics. Discussing an issue such as a potentially libelous letter to the board could fall into that category.

Sounds like an "executive session" or closed meeting is the answer. 68 P.S. 5101, the Pennsylvania Planned Community Act, doesn't explicitly state that a HOA board can have an executive session. I know that California law provides that these sessions can occur. Do I need to locate a provision of Pennsylvania law that allows for closed meetings/executive sessions or are these just commonly accepted?

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