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Cease and Desist

Started by BarbaraM7 • 13 replies • 4272 views

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BarbaraM7 (Virginia)
Posts: 86
Posted:
Can a Cease and Desist LETTER be sent to resident in your community that is verbally lashing, in a slanderous manner, certain members of the BOD for not approving his requests based on community standards?

I'm not talking about a Cease and Desist ORDER, that comes from a lawyer or the courts.
BradP (Kansas)
Posts: 2,640
Posted:
Barbara:

Your board can send a letter to the person asking them to cease and desist. If you are going to do that let them know if they have options to appeal the decision and how to do that and also let them know that if they don't stop your board will move forward and get an attorney involved.
DonnaS (Tennessee)
Posts: 5,671
Posted:

I don't know how much this kind of person will pay any attention to any corespondence from the Board . Anyone with that kind of anger will need more that a letter, telling them to be nice. Our PM tried that once and the guy came and tried to scream her into the ground . I would say that this is a totally uneffective way to handle this situation . Next we used our attorney to write the letter and the jerk finally backed off but not until he gave our lawyer an ear full.
BradP (Kansas)
Posts: 2,640
Posted:
Donna is right, it won't do much good, but I think it is a necessary first step. Then if they persist you can go back and say we asked them ourselves to stop and they wouldn't
RaymondC (Minnesota)
Posts: 64
Posted:
If they are actually committing slander, then the victim should be contacting his attorney. If their behavior is disruptive in the meeting, they can be removed. Advising them by letter that unacceptable behavior will not be tolerated is a fine first step. It usually takes a letter from an attorney to stop these bullys.
GloriaM (North Carolina)
Posts: 829
Posted:
Barbara:

Absolutely send one certified mail. It is documentation established for a paper trail. If they come onto your property you can then file for a trespassing charge proving that you told them never to step foot on your property as well as stop the slanderous remarks.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, you don't have to answer EVERY barking dog - - and this guy is just TALKING!!!

The BOARD should not get involved (what "damages" would you be able to show as a Board?)

If INDIVIDUALS are being verbally attacked, then EACH person can respond accordingly. But I don't think the BOARD or the organization should get involved.

Watch what this person DOES, not what he SAYS.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By SusanW1 on 11/21/2007 3:03 PM
Well, you don't have to answer EVERY barking dog - - and this guy is just TALKING!!!

The BOARD should not get involved (what "damages" would you be able to show as a Board?)

If INDIVIDUALS are being verbally attacked, then EACH person can respond accordingly. But I don't think the BOARD or the organization should get involved.

Watch what this person DOES, not what he SAYS.

Susan:

If they are spreading lies about the board then you are undermining the boards authority and jeapardizing their ability to lead the community effectively. There may come important issues down the road that the board may try to deal with and need community support, but the community may not have confidence or trust in them that they are being honest. That can be huge...we can't read the letters and we don't know the dynamics so any advice we can should be taken with a grain of salt. This information can also get out to prospective buyers and hurt property values of the community...there are many negative effects this can have. You are right not all are worth responding to, but the BOD should have the ability to respond if they feel it warrants it. Sometimes showing a united front as a board can help persuade these people to stop, the old saying united we stand, divided we fall comes to mind.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Regular newsletters and a good web site is the best way to let Members know the truth. (We have a column in our newsletter called Rumors ARe Flying . . ." where we list the rumor and give a retort.

If the Members are only receiving the tabloid-negative news, then why are you surprised that members might believe him?

BradP (Kansas)
Posts: 2,640
Posted:
Susan:

Good point, and that will work for most rumors and situations...but not all.
BarbaraM7 (Virginia)
Posts: 86
Posted:
SusanW1, You're right, and we have put out flyers encouraging the community to attend the next BOD meeting.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By BarbaraM7 on 11/20/2007 10:28 AM
Can a Cease and Desist LETTER be sent to resident in your community that is verbally lashing, in a slanderous manner, certain members of the BOD for not approving his requests based on community standards?

I'm not talking about a Cease and Desist ORDER, that comes from a lawyer or the courts.

I wouldn't use the terms "Cease and Desist" in a letter unless it is from an attorney. You can send a letter explaining the decisions that were made. You can also tell him that you are aware of any aleged slanderous statements he has made and explain to him what you will do if he does not stop.

A a couple other posters stated, this person is not likely to change his behavior just because you send him a letter. It will just get worse. Having an attorney handle it is the best way.
Ron
SC
BarbaraM7 (Virginia)
Posts: 86
Posted:
RonaldW, I agree and I suggested to the President that she might want to think about getting a Dispute Resolution Counselor to come to the meeting.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By DonnaS on 11/20/2007 12:11 PM

............ Next we used our attorney to write the letter and the jerk finally backed off but not until he gave our lawyer an ear full.

That's what they are paid to do and I'm sure it's not the first time the attorney got an "ear full". The advantage here is that the attorney is not also a neighbor and he or she will not take it personally.
Ron
SC

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