Legal Question Re: Ex Board Member

Started by ChrisH1 • 13 replies • 1513 views

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ChrisH1 (Indiana)
Posts: 9

Posted:

There is an ex-board member which resigned once he found out the rest of the Board made a motion for his removal. Even though he is now off the Board, he continues to be a major pain. He has gone as far to slander me and my wife along with make a website to post various libel statements. Some of these statements were said while he was on the Board and others while he was off. I have told him if he continues to say these blantent lies, I and my wife will sue him for slander and libel. He has come back saying if I sue him, the HOA needs to pay for his legal fees. I think this is totally untrue since I would be filing suit against him personally, not against the HAO. Does anyone have an opinion?

BradP (Kansas)
Posts: 2,640

Posted:

Chris:

He is an idiot and should be treated as such. Document, if you see it on a website, print it off. IF he is that dumb he probably doesn't have any money anyway.

NormanG (Arizona)
Posts: 38

Posted:

Chris:

Unfortunately, there are a number of idiots like that.. No.. it(the lawsuit) would be against him and not the HOA.. AND.. if the HOA is implicated "by him", then the HOA might have grounds to sue him. AT any rate, (as a previous individuial rightfully suggested) keep copies of everything and if continues, go after him whether he has money or not.

ChrisH1 (Indiana)
Posts: 9

Posted:

Thanks for the replies...The commedy of the whole thing is he now as posted on his website (which he calls a community website, but he is the only person who posts anything) that he now has a countersuit because he was kicked off the regular community website and this has caused him "damages" because he can not see what is going on in the community. I have never met a more uneducated and twisted person in my life.

BradD2 (Florida)
Posts: 418

Posted:

Chris most Director and Officer insurance policies do not protect a board member that is blatently doing wrong. They often will say that the Association is not covered if they break the Fair Debt Collection act or knowingly go against existing laws. The same would apply to this individual if he was on the board currently or not. The Association is not responsible for his libel (slander is spoken).

RogerB (Colorado)
Posts: 5,067

Posted:

Chris, I would request to the Board of the HOA that they take official action against this member.

ChrisH1 (Indiana)
Posts: 9

Posted:

The problem requesting the Board take action is that he would make the hugest stink about me using the HOA to fund action against him...More headaches than thats worth. Would anyone on this site, who is an attorney be willing to review the issues and issue a letter?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Suing a HOA is suing yourself and your neighbors. Keep the HOA out of this one. Keep it on the personal level you are taking it to be. Otherwise, your involving every neighbor in the neighborhood with this issue and costing everyone. If this person sues, just countersue. It's cheaper and easier for you to prove.
I believe the definition of slander is that it has to be written and be proven untrue. It also may require proof that damages were incurred because of the slanderous statements. For example: If you own a restaruant, and someone posts/writes a publicly displayed letter stating that you use "Horse Meat" in your meatloaf, they have to prove it. Plus, this must also damage your business by having less customers due to the comments.
Any body can sue for anything anymore. However, I would wait until they actually followed through with their threat before taking action. If you are bothered by the comments, then you may take action on your own behalf. He's the one doing the wrong here.

Former HOA President

ChrisH1 (Indiana)
Posts: 9

Posted:

Melissa,

I agree, I would be filing suit against him personally as 1: I have an attorney who would do it at no cost and 2: I don't need to have the HOA pay for it. This guy just needs to be stopped. I would like to consult with a lawyer with more experience in this area though.

BradP (Kansas)
Posts: 2,640

Posted:

Chris:

Two theories of thought here:

1) you can use the old adage on teeth, ignore them and they will eventually go away.

2) or a fungus usually doesn't go away on its own, it gets worse.

You are probably in the best position to determine if this guy is a fungus or a tooth. I smell a fungus myself. Roger is very smart.

Jonathan (New Jersey)
Posts: 14

Posted:

Chris... what state are you in?

ChrisH1 (Indiana)
Posts: 9

Posted:

I am located in Indiana.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Chris:
If you truly have an attorney-friend who would send him a 'cease and desist' letter, go for it! It may be just enough to quiet him. He is blowing smoke!

GloriaM (North Carolina)
Posts: 829

Posted:

Slander and libel can only be proved if it has harmed you in someway. It is one of the most difficult to prove in the court system. Since he is no longer a board member the indemnification clause would only cover him for when he served on the board. While he is off, the HOA policy would not cover his actions. Now harrassment could be easier for you to prove in a suit.

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