Member names drug through mud at board meeting

Started by NoraW • 9 replies • 1409 views

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NoraW (California)
Posts: 6

Posted:

Is it illegal in California for a board member, in an open board meeting, to make accusations about two members and give their full name in the meeting without first investigating if the boards' claims were true or false? This board had never given the accused two members a change to refute their claims prior to the open announcement, and then another board member spoke up and said they should print these two members names in their next monthly newsletter in order to let all homeowners know what these two members were doing.

A few days prior to this open board meeting the board had their attorney send a very threatening letter to one of those members.

Another board member had been consulting with those two members, and knew the facts of what had occurred. This board member sat quietly and never said a word.

Something just doesn't sound right about these kind of high-handed tactics.

RichardP13 (California)
Posts: 1,767

Posted:

Do we see a potential lawsuit on the very near horizon.

NoraW (California)
Posts: 6

Posted:

I don't know if there are any grounds to sue for such behavior by an HOA Board of Directors. I have been told by them that they can do anything they want to do.

Do you know anything in the Davis Sterling Act or in the Ca. Corporate Code that would make their announcement a violation of the Laws.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nora,

The legality of any such statements would be a decision for the court system.

Is it unprofessional? In my opinion, absolutely.

In regards to the Board member who sat quietly, they may have thought any comment from them would add fuel to the fire so to speak vs. letting the issue die out and the meeting continue. They might have been very vocal about the issue out of view of the membership. You might want to ask them about it.

Tim

NoraW (California)
Posts: 6

Posted:

When the letter from the attorney was received by the member, that member called the board member who sat quietly, and asked why he didn't say something to the attorney to stop this since he knew what had occurred? His comment was "oh you know how attorneys exaggerate".

Asking any questions of any of those board members at this point seems very scary indeed.

SusanW1 (Michigan)
Posts: 5,202

Posted:

That kind of discussion should have been in Executive Session IF it was a disciplinary issue. Otherwise, it was gossip and must NOT be in the minutes.

Needed Motion to go into E.S. to discuss the violation of 2 members.

NoraW (California)
Posts: 6

Posted:

Do you think the two members, with their legal counsel should ask for a Meet and Confer.

I've got a feeling nothing will stop this board from printing their comments in the Newsletter. I would bet money that it will be printed in the minutes.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nora,

Not knowing what the issue is, it's difficult to offer advice.

If the meeting would be to address the initial issue then it might be helpful.

If the meeting would be to vent frustration over the mentioning of names, etc., I'm not sure how that would resolve anything. It might make you feel better - but it could make the underlying issue worse.

Tim

LawrenceC1 (Georgia)
Posts: 480

Posted:

Nora,

Federal and State laws always supersede HOA governing documents, so any CA laws regarding slander would apply regardless of anything else.

If the statements made in open session are false, the members that they reference have cause to sue.

NoraW (California)
Posts: 6

Posted:

Thank all of you for your very good answers. I will follow-up once legal counsel is involved.

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