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false accusations

Started by BB5 • 16 replies • 3609 views

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BB5 (Missouri)
Posts: 145
Posted:
Can an officer of the HOA be sued for making false accusations against a former officer and indicating this will be brought up at the annual meeting also commenting "What are your neighbors going to think"
JayP3 (Florida)
Posts: 154
Posted:
Yes. In the USA you can sue/be sued for anything. Whether it goes to trial is another thing totally.

Remember... in the case of libel and/or slander you must prove damages sustained as a result otherwise it is free speach.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Since the 1960's era New York Times Co. v. Sullivan the standard has been that a public person must prove that the statements made about them were knowingly false and made with a malicious intent. The definition of a public person is fairly broad and I have seen it applied to a member of a college student council who tried to sue his campus newspaper for defamation.

Defamation suits are so difficult prove today that they are nearly non-existent. You (I am assuming that you are the former officer) will have a difficult time finding a lawyer to take this case and an uphill battle getting the case to trial.
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By BB5 on 05/18/2012 2:29 PM
Can an officer of the HOA be sued for making false accusations against a former officer and indicating this will be brought up at the annual meeting also commenting "What are your neighbors going to think"

Actually, statements made during a meeting may come under privileged speech. In the situation, if the person is make the statement and is trying to coerce behavior it goes beyond just slander/libel. It could be considered blackmail or coercion.

Depending up on the nature of the accusation, it could be considered defamation per se and you would not have to prove damages.

JayP3 (Florida)
Posts: 154
Posted:
There is no real distinction between libel, slander, or defamation.

There are several ways a person must PROVE that either has taken place. In the US, the person must prove that the statement was false. Second, they must PROVE that the statement caused harm. Lastly they must PROVE that the statement was made without adequate research.

These steps are for an ordinary citizen. In the case of a public official, they must prove the first three steps, and must PROVE the statement was made with the intent to do harm, or with reckless disregard for the truth.
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By JayP3 on 05/19/2012 4:21 AM
There is no real distinction between libel, slander, or defamation.

There are several ways a person must PROVE that either has taken place. In the US, the person must prove that the statement was false. Second, they must PROVE that the statement caused harm. Lastly they must PROVE that the statement was made without adequate research.

These steps are for an ordinary citizen. In the case of a public official, they must prove the first three steps, and must PROVE the statement was made with the intent to do harm, or with reckless disregard for the truth.

Libel is published statements.
Slander is spoken statements.

There is a tendency to regard libel as a more serious offense.

Defamation of character can include defamation per se and false light. Defamation of character may include villification of a person which is a matter of opinion and not usually subject to libel and slander laws. So one can legally defame a person's character under privileged speech or as a matter of opinion.

False light means that the statement may be true, but is somehow misleading.

With defamation per se, no proof of damages are required. Only proof that the info was given to a third party.

BB5 (Missouri)
Posts: 145
Posted:
I don't intend to sue was just wondering if this would put the HOA in the position where they could be.
JM10 (California)
Posts: 503
Posted:
Yes. That's why hearing should usually be in closed/executive sessions.
PeterD3 (Florida)
Posts: 708
Posted:
Of course libel and slander have different definitions.

But they are merely different means to the same end... defamation.

Much like manslaughter, murder, and assination all end in death.
JayP3 (Florida)
Posts: 154
Posted:
Guys, anyone can google this stuff.

I agree with Peter.

Here's an excerpt from: http://www.expertlaw.com/library/personal_injury/defamation.html

"

Typically, the elements of a cause of action for DEFAMATION include:

1.A false and defamatory statement concerning another; (i.e. SLANDER)

2.The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); (i.e.LIBEL)

3.If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and...

4.Damage to the plaintiff.

"
PeterD3 (Florida)
Posts: 708
Posted:
What other means are there for defamation other than libel or slander?

It is either spoken or written (or am I missing something?).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It could be "implied". A reasonable person could get a message even though it is not spoken or written. We down here in the south have a saying "Bless your heart". it rarely is a term of endearment or a wish of blessing... One might say it's equilevant to a french term if conveyed properly...LOL.

Former HOA President
PeterD3 (Florida)
Posts: 708
Posted:
How does one convey the implication?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Same as the law does. The law is sometimes considered "implied" even though it doesn't put it in exact writing. It's the intent and purposes of the law that matters. Many of wars have been fought just for implications not facts...
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 05/19/2012 1:08 PM
It could be "implied". A reasonable person could get a message even though it is not spoken or written. We down here in the south have a saying "Bless your heart". it rarely is a term of endearment or a wish of blessing... One might say it's equilevant to a french term if conveyed properly...LOL.


Right on about that Mel.......LOL
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By PeterD3 on 05/19/2012 9:56 AM
What other means are there for defamation other than libel or slander?

It is either spoken or written (or am I missing something?).

Libel is written. Slander is spoken. Both can be defamation of character.

You can defame a person's character by expressing your opinion. An opinion is not libel or slander and is protected speech. False light is a statement that is not technically false but is misleading.
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By PeterD3 on 05/19/2012 9:56 AM
What other means are there for defamation other than libel or slander?

It is either spoken or written (or am I missing something?).

Libel is written. Slander is spoken. Both can be defamation of character.

You can defame a person's character by expressing your opinion. An opinion is not libel or slander and is protected speech. False light is a statement that is not technically false but is misleading.

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