is this defamation

Started by LaskaS • 12 replies • 386 views

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LaskaS (Texas)
Posts: 1,025

Posted:

Hi, please refer to this original post I made. https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/321656/view/topic/Default.aspx

I wanted to start a new thread because I just reread the original email sent by this individual board member to all owners. I am so used to being verbally attacked by this board member that i didn't even read to the end of the email.

I just reread it.

Does this rise to the level of defamation? I mean I know elections get ugly, but this goes beyond just complaints about what has or has not been done. etc.

here is the closing sentence in the email.

"I would implore all owners, DO NOT VOTE for XXXXXX on to the board. It would be tremendously damaging to the property and would lead to erosion of property value and quality of life for residents if she was on the board."

I don't know whether or not i will pursue it down the line. This board member sent it in his own capacity as an owner. He states that at the beginning. (although the association manager then resent it to all owners from the official association address).. I'm just wondering, at what point do I need to hire a lawyer. I have been advised over and over on this board that I may be right on an issue byut there is no way to enforce it unless I hire a lawyer. I then realized it's not a prudent use of my money .

However, this is different. this isn't an association bylaw or procedure. this is outright defamation.

I'm just seeking a few opinions. I'm so used to be verbally attacked by a few board members that I may not recognize when someone has gone too far.

thank you.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Perhaps if you are ready to cry defamation over a statement like this you should reconsider running for the Board? How are you going to handle it when someone really rips you a new one later on?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By LaskaS on 03/11/2022 3:12 PM

here is the closing sentence in the email.

"I would implore all owners, DO NOT VOTE for XXXXXX on to the board. It would be tremendously damaging to the property and would lead to erosion of property value and quality of life for residents if she was on the board."

This is obviously an opinion. Because it's an opinion, it could never rise to the level of being legally defamatory.

You realize you have posted opinions about the board and corporation here that are as caustic. And that it's not hard to identify the name of the condominium about which you are speaking. Are your posts defamation?

No. They are your opinion. You have a right to express an opinion.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There has to be truth to a statement. Are you guilty of any of this? No. It is then OPINION.

It's like calling your car a gas miser. You own a car? Yes. Does it use a lot of gas? Yes. Well then how is calling it a "gas miser" slander?

Former HOA President

LaskaS (Texas)
Posts: 1,025

Posted:

Ok. Thanks for the feedback. I am. It bothered by it per se. But the property manager should not have forwarded it to the master list of all owners. Which some owners could infer was information from the association.. It's just bs. But again. I guess I can take from this they are very worried about losing their board seats.
First. . Didn't send notices that provided little to no time for owners to submit their names for candidates.
2. Changed the number of seats up for election from 5 to 4.
3.despite numerous owners a king for some semblance of in personeeting to resume. The board based on suggestion of managing agent is only having the annual meeting by zoom. The room at the property that will serve as a physical location is too small to accommodate even 5 owners in person.
I just found out today that the original proxies sent out to owners before thr Feb 16 annual meeting date will not be accepted because they don't have the right date or clause indicating they are valid for adjourned meetings.
I asked the question point blank to the board when noticed the proxy error. They didn't answer me. They sent out new proxies with March date but didn't indicate the necessity to re sign. They did say if you submitted the proxy signed Pre February date. They would be accepted. So basiclly this means the owners running for the seats now have to get a new proxie signed for it to be valid. They didn't tell anyone that only the proxies with the March date will be accepted. I had to ask point blank. And only after talking around the issue did he admit that only proxies with the new meeting date would be accepted.

LaskaS (Texas)
Posts: 1,025

Posted:

I would say that stating that voting for a certain person will reduce the value of the property is opinion. But when it comes from the association email address and includes a link to docusign to fill out a proxy. It implies some official authority. I recognize it's bs. Many people do. But if any of the owners who only read emails from the association read it and their first language isn't English. It can easily be misinterpreted. That is exactly what the person sending it hoped for.

LaskaS (Texas)
Posts: 1,025

Posted:

I agree Augustine. I have been very critical. But I also give supporting information and explain incidents that
Inform the reader. Saying that voting for someone will cause the property to lose value and fall into decline. That isn't supported by any actual facts. Thanks for all the answers. I'll continue to collect proxies.

LaskaS (Texas)
Posts: 1,025

Posted:

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By LaskaS on 03/11/2022 5:10 PM
But when it comes from the association email address and includes a link to docusign to fill out a proxy. It implies some official authority. I recognize it's bs. Many people do. But if any of the owners who only read emails from the association read it and their first language isn't English. It can easily be misinterpreted. That is exactly what the person sending it hoped for.

I continue to agree with you that whoever sent this email mis-used association resources. It is unacceptable behavior for this and all the other reasons you gave (defamation excepted).

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Laska,

The email is being sent in very poor taste and, frankly, the board member cannot arbitrarily delink themselves from their role in order to send a clearly inflammatory email. That said, if I were in your shoes, the next board meeting would be a ton of fun.

Pass on hiring the lawyer. When this settles, never speak to this person again nor support them. Your life will be better. I had a former board member accuse me of funds mismanagement of a clubhouse project. Our board cannot touch money as it's handled by the property manager and the claim was utterly baseless. The gentleman in question now tries to pass his recommendations through other neighbors to reach me. I will not deal with him (and the CC&Rs don't require it).

SheliaH (Indiana)
Posts: 6,964

Posted:

Such is politics - it can be a tacky business. Frankly I don't knows why You're surprised at this - considering at the questions and conversations you've posted to this website about the board and property managers, what made you think you could run for the board and all of that not come up? Power concedes nothing without demand, as Frederick Douglass said - you've pushed some buttons and so you should expect something to go off.

Ultimately, the homeowners will decide if they should elect you and as long as the vote is fair (e.g. The people casting them are homeowners in good standing), you will have to accept their choice, regardless of what may influence them. You should focus on getting people to participate in the election - if you win, congrats. If not be gracious, but don't stop pointing things out - just learn how to put forth your message more effectively because I think you've pissed off so many people that no one's listening to you. It may be someone else is going to have to put forth the message and you can help with thst.

But as John noted, be careful what you wish for - you may get it. If you win, there will be people waiting to rip you a new one or several, and there may still be people from the current regime on the board - all of you will have to grow up and find a way to work together if you're going to have any chance of running the association effectively. You've done a lot of yelling from the outside and you may learn things are considerably different if you get on the inside. Either learn to grow a thick skin now or be prepared for a lot of headaches.

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 SheliaH on 03/12/2022 8:49 AM
Such is politics - it can be a tacky business. Frankly I don't knows why You're surprised at this - considering at the questions and conversations you've posted to this website about the board and property managers, what made you think you could run for the board and all of that not come up? Power concedes nothing without demand, as Frederick Douglass said - you've pushed some buttons and so you should expect something to go off.

Ultimately, the homeowners will decide if they should elect you and as long as the vote is fair (e.g. The people casting them are homeowners in good standing), you will have to accept their choice, regardless of what may influence them. You should focus on getting people to participate in the election - if you win, congrats. If not be gracious, but don't stop pointing things out - just learn how to put forth your message more effectively because I think you've pissed off so many people that no one's listening to you. It may be someone else is going to have to put forth the message and you can help with thst.

But as John noted, be careful what you wish for - you may get it. If you win, there will be people waiting to rip you a new one or several, and there may still be people from the current regime on the board - all of you will have to grow up and find a way to work together if you're going to have any chance of running the association effectively. You've done a lot of yelling from the outside and you may learn things are considerably different if you get on the inside. Either learn to grow a thick skin now or be prepared for a lot of headaches.

Well said.

BenA2 (Texas)
Posts: 1,273

Posted:

I am not an attorney but my understanding of defamation is that the statement must be false and must cause harm. Whether or not the statement, "It would be tremendously damaging to the property and would lead to erosion of property value and quality of life for residents if she was on the board" is neither true nor false, it is opinion. Add to the fact that you are running for an elected position, means you would probably have to show malice as an additional element.

I don't think this is even close to defamation of character.

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