SLAPP verse Anti-SLAPP ???

Started by MarkM19 • 5 replies • 1442 views

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MarkM19 (Texas)
Posts: 1,459

Posted:

I want to thank this site and it users for alway being around when tough questions come up that we need guidance with.

Here is my question.

I am a Board Member not running in a current election. I wrote a postcard mentioning some negative facts regarding one of the candidates and also a seated board member. I have proof that they have stolen money and resources from the assoc.

The candidate has said some completely false statements that were documneted about me during last years election and when I went to my personal attorney he said that I could not go after her for fear of a SLAPP lawsuit. I do not completely understand the difference between the to types of suit and if they even apply in this particular case.

I have all the proof I need to defend myself from any Liebal suit.

Thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mark

Am I correct in that you wrote a postcard with negative facts and maybe even intimating she has done some illegal things?

If I am correct, I think a Libel suit against you might even be warranted (but I am not nor do I play a lawyer) but I believe the fastest way to shut you up is:

A Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. The difficulty, of course, is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims.

Personally, I do not think a standing BOD Member should take a public role in coming down on someone running for the BOD. That said if one has strong feelings and wants to get involved, then come down positively on the side of someone running for the BOD and leave the negative/legally questionable stuff aside.

Like the reason I suggest you vote for so and so is...positive yada...positive yada...etc.

Sorry, but I think you went to play in the gutter and did not like what you found there. What were you expecting to find in the gutter?

MarkM19 (Texas)
Posts: 1,459

Posted:

I appreciate your reply and understand how without all the facts that would be the easiest thing to assume. These 2 board members quit the board 2 years ago when they lost control of the other people on the Board. They then tried to come back last year and only one won a seat. My fear is if the other is elected the will have majority control over the board and once again will do the illegal actions again.

When I was elected to the board my entire reason was to make sure that our dues were going to valid companies doing valid work for our HOA. I never signed anything saying that I saw acts that were against the law that I would not speak up. That is what I did with the postcard. I am sure that my HOA is simmilar to everyone elses and very few people pay any attention to where and on what the dues get spent on. I happen to care and make sure that everybody does what they are supposed to do.

Long story short

Pres. hires security company who hires guard that is friend of Pres. Guard instead of doing job which is writing tickets and monitoring buildings was allowed to stay in office for most of his shift with the board Pres. Turns out that he was listed as a company employee of the Pres private company since 2008 and his job was software programmer. They were writing software for the Pres company which he sells to other HOAs in our board room. The problem is the HOA was paying roughly 42k annually for the security services that we wern't getting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mark,

You said:

Quote:

Posted By MarkM19 on 11/28/2012 3:10 PM

I am a Board Member not running in a current election.

You admit your concern is:

Quote:

Posted By MarkM19 on 11/28/2012 4:51 PM

My fear is if the other is elected the will have majority control over the board and once again will do the illegal actions again.

The answer appears to be for you to toss your hat into the ring again or talk a member who shares your concern and has similar dedication to the job to toss their hat into the ring.

MarkM19 (Texas)
Posts: 1,459

Posted:

Tim,
I was re-elected last year. I know that he already has 1 person that supports him on the Board and my 2 supporting board members have decided not to run again. We have 5 candidates running for 2 spots this year. All he needs is one of them to support him and we could be right back to what they had before.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yep. So it sounds like you have your work cut out for you to drum up other like minded members who are willing to step forward as you are.

I'll be honest, the only reason I'm staying on the board is the concern I have on what the others (who are at least willing to volunteer and serve) will do if I'm not there. This isn't because of any out right wrong doing but differences in the way of thinking (like seeing the reserves as one big pot of money vs. money that has been allocated to specific future maintenance).

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