Blog Issues

The Board can do whatever it wants to do. Wish we had someone in our community that would do this. We have a newsletter written by the Pres wife who always is writing untruths about homeowners. No rebuttal is allowed. As I see it, it would work both ways in our community. Tell the Board to ignore it. Intelligent homeowners know the difference. Also, depends on what the homeowner is writing, I hope they are not using names. Big libal suit against them if they are. Unfortunately, this is one of the things Board members have to put up with. Why spend Assn money on suing this individual and for what. Hope this helps.

That sounds like something I would do.

First, you have to be able to separate opinion from libel. Being critical is part of freedom of speech. If the statements are false, which is not what you state, then the HOA could possibly sue for libel.

The HOA may be on unsteady ground here, but it depends upon what is being written and the reason behind the resident's action. For instance, if the BOD is supposed to allow equal access to newsletter and other media as provided in the State of California's Davis-Stirling Act for the purpose of elections and other matters that require a vote or the public voicing of opinion, a judge is likely to see that the resident had little or no recourse.

Second, the directors as elected officials are considered public figures. For this reason, the burden of proof is higher. The HOA would have to prove actual malice--so not only knowledge that the statements are false, but also that the statements are being published with a sense of recklessness.

A HOA should have an open forum where lively discussions can take place. In the case of the HOA that I was under, the board disregarded the law and attempted to squelch any dissenting voices. That's not democracy; that's like a fascist state. This was a winning argument in small claims court when we took our HOA to court for release of documents and a reversal of the judge's original decision.

They can sue but they are not likely to win.

The ruling case on criticizing officials is New York Times Co. V. Sullivan, 376 U.S. 254, 270 (1964). Contained within that opinion is the following passage:

"Those who won our independence believed . . . that public discussion is a political duty; and that this should be a fundamental principle of the American government. They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law - the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed."

Thanks for the response! My sentiments exactly ...If they can't stand the heat....Get out of the kitchen...if they're doing things correctly, they shouldn't have any problems.....

This is great help! Thanks for your feedback!

Sueing/stopping a blog because of libel, etc. is extremely difficult and can rarley be proven/done.

What I have seen done is stopping one that looked/sounded like the "official association blog. Like Smith Valley Home Owners Association verus Smith Valley Owners Association. Sites that the first page looks like the "official" site first page.

If it is one or just a few people doing blogging, then ignore them. Never mention, acknowlege them. When questionned...reply....well you know there is at least one in every crowd ...well you know we all have a family member we are not proud of.

Now when there are more posting negative posts on the blog site then posting positive on the official website, it might be time to pay attention to the blog.

Hope this helps.

Thank you for this response!