HOA Board Election And Endorsement Question

Started by FredW5 • 8 replies • 555 views

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FredW5 (Florida)
Posts: 177

Posted:

Briefly.
If a resident, and former HOA Board member posts on a Resident's Facebook Social Page (Not a HOA Page or affiliated with the HOA) why he (Or She) will not vote to re-elect a former board member, can that person be sued, or admonished ? The person has no interest in running for any HOA Board position .
The person was a former board member, and has strong evidence that the person wanting to run again for a board position had recently verbally and physically struck a resident, and mismanaged funds.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I don't see why posting factual information would lead to a lawsuit or admonishment. Board elections are politics, and I see no reason that endorsements (or unendorsements) should be disallowed. If the subject of the posting feels that the posts contain libel or slander, of course they could sue and might even prevail.

Escaped former treasurer and director of a self managed association.

AugustinD
Posts: 3,698

Posted:

Douglas nailed it. I agree.

MaxB4
Posts: 3,513

Posted:

I wouldn't be using a phrase such as mishandled association funds, as if the person does get elected, could come after the person in the capacity of a board member using association funds to sue the person. It can and has been done before.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Fred

One has to be careful if they make specific accusations without any proof. Now generalities like:

1. I do not feel this person best represents the entire association.
2. It has been my observation they are lacking in people skills.
3. I believe this person will look to raise our dues.
4. This person smells offensive to me.

All generalities. Accusing one of an an attack and stealing money are specific chrges and need proof of legal action could follow.

CathyA3 (Ohio)
Posts: 6,299

Posted:

If the resident has evidence of financial shenanigans, the correct response is to present the evidence to the current board so that they can take whatever legal action is appropriate.

The resident should butt out of any physical altercations, especially if he/she wasn't present at the time - it's the victim's job to call the police and get that ball rolling.

If the resident posted false or defamatory comments on Facebook, it's up to the offended party to take legal action.

Frankly, posting anything like this on Facebook makes me question the resident's credibility. Not saying that the person is lying, just that they've chosen the path that gets maximum attention without doing anything useful to solve whatever problems exist.

FredW5 (Florida)
Posts: 177

Posted:

The resident was present when the fellow running for the board attacked and slapped another resident. There is video.
The resident, former board member also has documents regarding misuse of community funds.
The present board is aware of this , but is ignoring it. The annual election supposed to occur in February as per by laws still has not happened.

SheliaH (Indiana)
Posts: 6,964

Posted:

Why does this sound like a SWIM (someone who isn't me) question? Assuming you're the resident who wants to post this (or knows who it is), I would say issues 1 and 2 are police matters - the first certainly is. By the way, why hasn't the victim gone to the police and filed a complaint, especially if there's video?

As for issue 2, that could be a criminal matter if you're talking about something like embezzlement. If you're concerned that money was "wasted," that's subjective - what's wasteful to you may be appropriate for everyone else, especially if the board authorized the expenditure and put the candidate in charge of getting the products or service. Be sure you know the difference - and if you DO have evidence of a crime, the appropriate thing to do is to go to the police, not blast it on Facebook, where the candidate may turn around and sue YOU for defamation of characterk. If you're willing to duke this out in court and think you have enough to win, have at it.

Regarding the annual meeting, did you get an explanation as to why the election didn't occur (e.g. there wasn't a quorum to hold the meeting and therefore no election could be held either)? Was weather an issue - there was some stinking weather at the time? As the board if the meeting/election will be rescheduled and get a date. Then, do what you can to encourage people to come out and vote.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

FredW5 (Florida)
Posts: 177

Posted:

1: The reason there was an altercation by the former board member and a resident, was due to the fsct that the Board Member at the time went to the police to file a complaint against several residents , for allegedly "recording him at a dinner speaking badly of other board members." It was proven to be a bogus complaint and he had to drop the charges.. Months later, the resident was standing on the curb speaking to me, when the former Board member drove by and tried to run the resident over . The resident gave the board member the finger, and the former HOA member jumped out of his car, and physically slapped and punched the resident. The video was sent to the HOA board, who said it was not a big deal, and that the Former Board member was right in the altercation because of the resident giving the finger.

2: As far as Embezzelment (It was never presented as Embezzlement ) Among other things, The Board member (Documented) Used the HOA funds to hire the HOA Lawyer and start litigation against the resident for "Surreptitiously recording him at dinner"- The resident hired an attorney, and the HOA lawyer backed down-Not until it cost the community thousands in legal fees.

The HOA Board member, at the time, also used funds to donate to the memory of a past HOA board member who had passed,which was deemed as ok, however he continued to do so for several years after that, until this was questioned at an audit.

3: As far as the Annual election meeting,it has not occurred due to new Management failing to send out timely notices and proxies, and not knowing how to run a live meeting, and a Zoom meeting at the same time. It is still in Limbo, although BY-LAws specify meeting was due to be held in January or February.

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