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Volunteer defamation

Started by ColinM1 • 18 replies • 831 views

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ColinM1 (California)
Posts: 5
Posted:
A volunteer (plaintiff) is publically accused of lying and providing false information to homeowners by another homeowner, which is proven to be untrue. If the volunteer files a complaint with the HOA Board and the Board acts on the violation is the plaintiff entitled to know what action the Board took against the homeowner on the complaint?
PaulJ6
Posts: 990
Posted:
No, board actions usually do not need to be disclosed (unless state law or the HOA's governing documents has an exception, which would be unusual).

Why wouldn't the volunteer do a small claims court complaint against the other owner, if the volunteer incurred damage, instead of (or in addition to) filing a complaint with the board?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Why is this an official HOA board matter? Sounds like routine HOA neighborhood gossip and innuendo.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Kelly said.

You didn't say if this volunteer was also a board member - if so and the allegation was proven false, that's fine, but this might be a good time to remind the board members and other volunteers (e.g. committee members) that professional behavior is expected when doing any work on behalf of the organization. In other words, no inappropriate language, fistfights, threats, etc. You are neighbors as well as board volunteers and while you may not always like each other, respect is expected at all times
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KellyM3 on 08/15/2019 8:40 AM
Why is this an official HOA board matter? Sounds like routine HOA neighborhood gossip and innuendo.

I agree. Not a BOD issue.
ColinM1 (California)
Posts: 5
Posted:
It is hard to motivate homeowners to volunteer if their Board does not provide some protection from scurrilous lies spread by another homeowner.
ColinM1 (California)
Posts: 5
Posted:
There are provisions in our Rules & Regulations. What I am asking is the plaintiff (the volunteer), who filed the complaint, entitled to know what action the Board is going to take against the accusing homeowner?
ColinM1 (California)
Posts: 5
Posted:
You misunderstood. It is NOT the volunteer or the Board that is defaming a homeowner it is the homeowner defaming the volunteer. There are provisions in our Rules & Regulations to enforce this. I'm asking.... if the volunteer files a complaint with the Board about specific a homeowner's accusation that is proven to be untrue then is the volunteer entitled to know what action the Board is going to take to penalize the homeowner making the false accusation. defamation should the Board
ColinM1 (California)
Posts: 5
Posted:
You misunderstood. It is NOT the volunteer or the Board that is defaming a homeowner it is the homeowner defaming the volunteer. There are provisions in our Rules & Regulations to enforce this. I'm asking.... if the volunteer files a complaint with the Board about specific a homeowner's accusation that is proven to be untrue then is the volunteer entitled to know what action the Board is going to take to penalize the homeowner making the false accusation. defamation should the Board
PaulJ6
Posts: 990
Posted:
Quote:
Posted By ColinM1 on 08/15/2019 10:38 AM
There are provisions in our Rules & Regulations. What I am asking is the plaintiff (the volunteer), who filed the complaint, entitled to know what action the Board is going to take against the accusing homeowner?

The answer is "no, unless there is a quirk in local law or the HOA's governing documents."

But I'd say it's 99% "no".
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ColinM1 on 08/15/2019 10:38 AM
There are provisions in our Rules & Regulations.
What do these provisions say exactly on this matter?
SheilaJ1 (South Carolina)
Posts: 291
Posted:
The board does not have the authority to penalize over an accusation between homeowners. The board will claim it is a neighbor to neighbor dispute even if it relates to duties as a volunteer. Now if the accusation some how harmed the HOA, then they could file suit but its a far stretch.

And if the board did take some action like taking away amenity privileges then the board may have bought some liability on itself, this is why they probably won't taken any action.

I would like to see a Rule and Regulation that states a homeowner can be penalized for stating untrue statements. I guess you could always ask the homeowner that made the accusation if the board took action or note.
NpS (Pennsylvania)
Posts: 4,216
Posted:
I do not know of any HOAs where the BOD would disclose an enforcement action to anyone other than the offending owner.

Even if you are the victim, that does not mean that the BOD is going to reveal the details to you.
Sikubali jukumu. Read all posts at your own risk.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Our attorney told us that if a volunteer is being defamed because of his activities on behalf of the association, then it is reasonable for the association to get involved. It's a judgement call, though. Are the accusations severe or damaging enough to warrant paying the attorney to write a cease and desist letter, for example? Or are volunteers resigning because of false accusations? If the ugly talk results from somebody just not liking another person's face, then it may be more appropriate for the victim to hire his own lawyer.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By SheilaJ1 on 08/15/2019 10:57 AM
The board does not have the authority to penalize over an accusation between homeowners.

That was my first thought. It's unlikely that the board has any power or authority to do anything here.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
This sounds like a teenage dispute or a bunch of older people disputing. Same thing.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Liar Liar pants of fire chanted at next board meeting suffice?

Honestly, I don't see this as a HOA matter. If anything it's a personal one. This person who was lied about and suffered damages in direct result of the "lies" can take that person court for liable. They would have to prove in court that what this person said directly damaged their business not "feelings".

I dealt with a lying scumbag ex-president who was a habitual liar for years. I'd sit and look at his face while he'd tell a flat out lie. They say the 1st lie is the best lie and after that nothing else will be believed....

Found the best way to deal with people like this is to let them expose themselves for what they are. Pointing it out to others doesn't put you in a good light even if your 100% correct. People have to just experience for themselves before anyone will believe that person is a liar.
Former HOA President
PaulJ6
Posts: 990
Posted:
Quote:
Posted By MelissaP1 on 08/15/2019 4:50 PM
Liar Liar pants of fire chanted at next board meeting suffice?

Honestly, I don't see this as a HOA matter. If anything it's a personal one. This person who was lied about and suffered damages in direct result of the "lies" can take that person court for liable. They would have to prove in court that what this person said directly damaged their business not "feelings".

I dealt with a lying scumbag ex-president who was a habitual liar for years. I'd sit and look at his face while he'd tell a flat out lie. They say the 1st lie is the best lie and after that nothing else will be believed....

Found the best way to deal with people like this is to let them expose themselves for what they are. Pointing it out to others doesn't put you in a good light even if your 100% correct. People have to just experience for themselves before anyone will believe that person is a liar.

Agreed. Even if the matters relate to the HOA why would a HOA get involved in a fight?
SueW6 (Michigan)
Posts: 814
Posted:
This is not an HOA issue.

The volunteer would have to show “ damages “ due to the defamation claim. For example, if someone claimed that they embezzled money from an HOA committee (proved to be false) and that person later lost employment opportunity somewhere else due to the accusation, then “damages” could be shown. The HOA board might be called as a witness if it should go to court.

Otherwise, its just unproven gossip.

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