HOA member making libellus statements

Started by TinaS9 • 18 replies • 2087 views

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TinaS9 (Florida)
Posts: 10

Posted:

A friend of mine's community has a FB page and the very first post was from a community member who made false statements against a board member supposedly calling the police/city every single day with minor complaints. The same community member has made at least 3-4 of these comments telling the board to reign in the board member and even calling him big brother and riding his mower around the neighborhood to look for code violations. How stupid. I know the board member and he was going down to mow the common area since the HOA didn't have a contract for it. Heck they didn't even thank him for doing it for free. My friend is about ready to just quit and move or sue the person for making false and libellus comments on a public page. How will he be able to do anything as a board member when the members are getting a false picture of him and a few of the board members actually think that the statements are true.

He even provided the board with stats on city code violations that showed that only 7 violations were called in to the city in the last 6 months so much for calling the city the every day. The guy is a disabled vet that has a very hard time getting around let alone spending time calling the city every day. The last two times the police were at his house was to retrieve video of vehicles that were involved in two robberies in the neighborhood. The other time the cops were called on him when he told his neighbor who had been served paperwork to stay off his property and while the father was on his property after being told 4 times to get off. The guy has not called the police except for reporting an ATV on the streets and riding through private property which other board members said was wrong.

Any thoughts on what he should do? Quit the board, sue for libel, or maybe move to a NON-HOA community.

MikeL13 (South Carolina)
Posts: 83

Posted:

My post is of no help, but I find it interesting that people cannot walk, bike or drive around their community without being accused of "looking for something".

TinaS9 (Florida)
Posts: 10

Posted:

Yea my friend says he avoids walking around when people are home not that with his injuries from military service that he can get around to do that kind of thing very often. The same lady who posted the stuff made comments she didn't want to watched 24/7. So if she knew he was out who's watching who?
Oh and she's the one who made complaints to a few neighbors about the commercial truck parked in a driveway across the street from her...lol

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tina

There will always be a few nut job neighbors no matter where one lives. The best advice is to smile and says hello then walk away. Being nice generally pi$$es them off. If unable to do that, then just ignore them and they often go away.

I am not nor do I play a lawyer.

Get off the legal libel action kick. That will go no where.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Tina,

First and foremost, as I understand it (and I am not an attorney), it's only libel if the individual knowingly makes false statements. Proving that they knew who did or did not call the police would be the issue.

Additionally, an argument can be made that serving on the Board or a committee of the Association is akin to being a public figure. As a public figure, you would now have to prove malice.

How you react to the issue is the only thing you can really control. You may or may not be able to win legal action against the individual to have them stop posting. However, the individual could then post under an alias (which would take additional time to verify the identity) or simply take the tactic of posting all the legal papers and/or testimony (as it would be public record) on the blogs.

You can ignore it.
You can respond to it (but it may start a fire storm or bring more attention to the issue)
You can discuss legal options with an attorney.

TinaS9 (Florida)
Posts: 10

Posted:

Good points. TY. I will pass this on to my friend. To date he has not responded at all except by forwarding the city data from code violations to the board which supports that he didn't make phone calls daily since there were only 7 in a 6 month span this year with the previous years only showing 47 total and mostly for weeds during the initial construction phase of the neighborhood which is very common. He did say that he will be talking with a vet friend of his who is an attorney who specializes in these types of issues.

Would anyone move? He does have the funds and when he moved in he didn't find out about the HOA requirement until the last part of closing. Initially the builder failed to get cooperation from the adjoining neighborhood HOA to merge then took almost two years to get paperwork filed with the State to establish the HOA at least according to what my friend has indicated.

I appreciate the input from everyone.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Oh honey the tales I could tell you that was said about me as President would make your jaw drop. None of which were true. I could walk out my door and just because I was President or a board member I was under scrutiny or responsibility. You had to see me wash my car in my bikini!
You just have to let these things go and laugh them off. Actions speak louder than words. People react to actions and this guys record beats her running mouth....

One of my favorite lies? That I stole a gun! Yes, I supposedly was so jealous over the ex president that I stole his girlfriends gun from her car. I supposedly was stalking him as well... Mmm.. I moved out of the neighborhood and did NOT even live there! I HATED the ex president and had exposed his lies. The truth came out when the real thief broke into his car and was caught by my neighbor. Plus the police found it funnyas I was the Neighborhood Watch captain.... Yeah that lie finally exposed the type of people I had been dealing with...

So yes, be a truthful and honest person and it will show through every time....

Former HOA President

CurtM3 (Missouri)
Posts: 1

Posted:

Who set up the FB page? If it is run by the HOA, then just take the negative posts down.

TinaS9 (Florida)
Posts: 10

Posted:

Had a long conversation with my friend today. If I remember correctly he said the HOA VP put the FB page up and is running it. So it appears that the board is in control of it and as such condones what's being posted. I'll have him send me the link to it...he's out of pocket today baby sitting some french drain workers...lol

MikeL13 (South Carolina)
Posts: 83

Posted:

For me it is the opposite, Melissa. I was accused by the president. We walk around the neighborhood for exercise nearly every day. He must not have anything better to do than to watch what other people do. Oh, well.

Sorry for the beach session. I've been cleaning all day and needed some entertainment. lol

MelissaP1 (Alabama)
Posts: 13,836

Posted:

MikeL...When I quit being President and was just a board member for transition and courtesy purposes, the harrassment and lies did not stop. The ex president was a real charming liar and manipulator. One board member ran me out of a meeting and tried to physically attack me. The others went door to door telling lies about me to get a vote for an illegal assessment me and others were against. Which about 6 months later the other members of the HOA contacted me and apologized. They informed me that the board had indeed put out a smear campaign against me.

My favorite? They told everyone I had kept or stolen the HOA records when I left! The records were all nicely organized and IN the clubhouse closet where they hold their meetings. Same place they had been for almost 20 years. That lie was exposed when they got dragged into court over a foreclosure I had done years before. Those records had even been separated and put in a special folder. Guess what folder was in the hands of the lawyer when I went to court for them? Gee those look like the stolen and missing records...LOL!

Yeah I can only listen to my own voices in my head and those who support me...

Former HOA President

EricH8 (Virginia)
Posts: 116

Posted:

Quote:

Posted By CurtM3
Who set up the FB page? If it is run by the HOA, then just take the negative posts down.

When censoring, how can anyone determine with indisputable unbiased certainty what is true and what is just negative? On the average, keeping it real, half the comments would rate positive and half would rate negative. And if the board's publications accentuate the positive, then the nonboard, in order to provide balance, would need to provide more negative than positive information. Right?

KevinK7 (Florida)
Posts: 1,343

Posted:

I have members of the neighborhood constantly harass me. The president used to drive around every morning in the golf cart and seek out perceived violations. I would get mad but I would keep my cool, smile, and offer pleasant platitudes. That only angered them more.

Now they have amped up their efforts calling code enforcement for the littlest thing (like last week when I cleaned my garage and had several organized trash bins outside in my driveway). They have also started stealing yard signs of mine.

This has me installing surveillance on my property because it is cheaper than moving.

I say ignore this crazy person and document everything. In the end they will have it coming to them.

BanksS
Posts: 403

Posted:

Quote:

Posted By TinaS9 on 05/31/2014 5:11 AM
A friend of mine's community has a FB page and the very first post was from a community member who made false statements against a board member supposedly calling the police/city every single day with minor complaints. The same community member has made at least 3-4 of these comments telling the board to reign in the board member and even calling him big brother and riding his mower around the neighborhood to look for code violations. How stupid. I know the board member and he was going down to mow the common area since the HOA didn't have a contract for it. Heck they didn't even thank him for doing it for free. My friend is about ready to just quit and move or sue the person for making false and libellus comments on a public page. How will he be able to do anything as a board member when the members are getting a false picture of him and a few of the board members actually think that the statements are true.

He even provided the board with stats on city code violations that showed that only 7 violations were called in to the city in the last 6 months so much for calling the city the every day. The guy is a disabled vet that has a very hard time getting around let alone spending time calling the city every day. The last two times the police were at his house was to retrieve video of vehicles that were involved in two robberies in the neighborhood. The other time the cops were called on him when he told his neighbor who had been served paperwork to stay off his property and while the father was on his property after being told 4 times to get off. The guy has not called the police except for reporting an ATV on the streets and riding through private property which other board members said was wrong.

Any thoughts on what he should do? Quit the board, sue for libel, or maybe move to a NON-HOA community.

I'd say quit the board and put on his tolerance hat. Stop calling in code violations period. Not every violation is worthy of reporting unless its a safety issue. Keep a low profile. Then the FB comments should stop. Just my two cents worth.

JM10 (California)
Posts: 503

Posted:

Libel requires that the person making the statement know that it is false and have malicious intent. Further as a director, one is a quasi-public figure and that means there is more latitude.

If it is a matter of the FB page, then the bigger problem is the person moderating the page. Requesting guidelines be in place might help such as no accusations about another community member. If the person truly believes that a director or any member had done something against the law or in violation of the CC&R, the proper means of complaint it a written complaint to the board.

You might ask the person making the accusations to do so. Make a formal complaint.

This should be the policy for the FB page otherwise the moderator might find that other people feel free to make accusations, no matter how baseless, about other people in the HOA.

If I was a member, I would fully support the calling in of code violations. Don't let someone's harassment bully one into not speaking up.

TinaS9 (Florida)
Posts: 10

Posted:

The problem is my friend is not calling in complaints except for the one ATV incident which happened right in front of a board meeting. That's the whole problem he's being accused of stuff he is not doing and contrary to what he provided to the board. He is definitely keeping a low profile. Got word today that he may have to quit anyway because of some physical problems with a bad knee replacement at the VA. TY...

DR (Florida)
Posts: 4

Posted:

We have a BOD (Florida)that has made the decision that two members that have questioned and requested (10 times)records written and financial for nearly a year. VIA Cir/Ret recpt. mail all unanswered. That the two members are harrassing, and slandering the BOD and president, thus they hired an attorney (with out any meeting of record) to write the two members and inform them they (only) owe an assessment of $700 for attorney fees. For these offences. And since the assessemnt has not been paid they are not allowed HOA benefits. Even tho the dues are up to date.

JM10 (California)
Posts: 503

Posted:

I am not clear on what this is saying.

Are you saying that two members requested records 10 times over about a year.

These requests were written.

The records were never forwarded to them. These records are financials which the members have a right to see.

The members slandered the BOD and president. You are not clear how they slandered them or where.

The BOD decided without a meeting of record, so they took a vote without an open or closed meeting to hire an attorney.

The attorney wrote to the members and the attorney wrote that the members were responsible for the attorney fees.

This sound like a lawsuit likely to happen. I'm not an attorney and not familiar with Florida HOA laws, but BOD and officers are quasi-public officials and there is usually a different and higher standard held for them in terms of slander and libel.

In California, a request to for documents can be taken to small claims court.

PitA1
Posts: 222

Posted:

sounds like the BS in a typical HOPA community

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