Defamation of Character

It's not all that clear. As an elected official, you are open to criticism. You made yourself a target by throwing your hat in the ring.

The following is a direct quote from Wikipedia:

"New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a United States Supreme Court case that established the actual malice standard, which has to be met before press reports about public officials can be considered to be defamation and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press. The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty of proving the defendant's knowledge and intentions, such cases—when they involve public figures—rarely prevail."

Source: http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan

Your situation is made even more difficult because the statements were oral, so you would have to prove what she said.

One of the problems with HOA elections is that candidates seldom campaign. My recommendation would be to campaign for office by printing up a list of accomplishments (your own and the board's) and distribute that door-to-door. I would not recommend either acknowledging the attacks made against you or identifying the attacker; just ignore her.

Correction, it would be slanderous statements because the statements were verbal. (written statements would be considered libelous.)

Personally, I'd ignore it - as you said, she doesn't go to board meetings, hasn't asked for any financials and if your neighbors have any sense, they would have already asked her for proof. Since she has none, she's little more than a windbag and I suspect your neighbors aren't paying attention to her anyway (people like this have usually annoyed more than one person).

Now, if someone brings this up at the election, all you can do is remind everyone that the Association financials are and always have been available for any homeowner to review and they're encouraged to ask about anything they don't understand. Let your achievements speak for themselves.

It may also help if other board members speak up and remind everyone that if they have any issues with anyone on the board, they're expected to behave in a professional manner and specify what the problem is, rather than name calling and spreading rumors, which will not be tolerated.

I'm with Sheila, Amanda and Larry. Having had a similar reelection problem myself recently, dirty campaigning by another seeking reelection, I'd follow Larry's advice in his last paragraph.

If anyone a asks you about the embezzlement charges (unlikely) , remind them that the books are open for inspection

Pat

There will always be fools and idiots we have to suffer and some will be members of ones association.

I call them Chief Complaining Officers (CCO's) and we all have them. In my neighborhood they seem to be those that get together and walk their dogs. They look for each other to bytch to. I call them the "puppy walkers" and many are learning what I mean by that.....LOL

head against a wall.

If it were me, I would write it down and get it recorded, dates, times places if possible and have it filed officially as a complaint. If you can get factual statements you could prove the truth at least, not here say. I would have very hard time ignoring this type of behavior although it happens they do have freedom of speech. I would assume she is ONLY going to folks who will listen to bad stuff about you? or are others slamming doors?

Overall, IMO it seems like the best advice for you Pat, would be to ignore the accusations of this woman. However, you never know how far this "crazy person" may go, if it were me I'd take Gertrudes' advice to at least keep a log of what has occurred. You may never need this but it's always good to have documentation just in case the matter were to escalate in the future. Sometimes things continue to escalate and it's not under your control, and you are forced to defend yourself and your character. Hopefully, your situation can simply be diffused by taking the high road!

Write this person a personal letter in which asks them if what you are hearing is true, that they are defaming you in your community and that if it is true they need to stop or face a lawsuit because she is defaming your name. If you have written proof she said you did something, and you did not, you will win. Write the letter so sicken-ly sweet that it makes you want to throw up to further drive your point home.

seems like a solid case to me

The big thing in Defamation suits is showing loss of income. When Jesse Ventura sued the estate of Chief Petty officer Kyle (that is the "American Sniper" if you've been under a rock) he actually showed how his yearly income went from like $2,000,000 one year to a low of $400,000. I think that is what I read.

You are not going to be able to show any financial losses based on what you are alleging as the facts.

The 'per se' aspect is a long shot, but if you hire a lawyer he/she will probably tell you it might work.

Walt

I would let it go to an extent. I would make it a point to address this in an open session during an HOA Meeting and express that you are aware that there has been a source stating XYZ. Remind membership that the source fo this information has not attended a meeting or reviewed financials etc, also remind them that financials are transparent and can be provided to them if so desired.

Then.. let it go.

A clarification is needed here, has Facebook exacerbated or exasperated the situation?

Or both?

Only joking

Bring legal action

or

be quiet

This is the thread that -will-not-die-.

Even if you can prove that so and so said you took bribes, for instance. You still have to prove -damages-. How did you lose income over those statements? That is why you often hear about these suits involving celebrities. They can show, as Jesse Ventura did, that his income was affected by the false statements.

I also bet that no one in your neighborhood cares one whit.

Walt

Suzie,
Thank you, for sharing your real life experience with "Defamation of Character", sorry for all the grief it must have caused you. I have gone through something of similar nature recently and reading your reminder that it's always best to take the high road and ignore nasty allegations was much needed.