(Condominium situation)
Quote:
Posted By DawnL6 on 03/17/2022 2:21 AM
The president of my association sent an email stating a homeowner was calling other homeowners stating the board was stealing money.and this homeowner had claimed this on prior boards and that owner was demanding a forensic audit.the president went on to say that it was harassment and slanderous and any homeowner that caused the board to hire counsel,would be charged for the attorney fees,and that if you heard from that homeowner,to state you are up to date,and that you now know that they are behind in dues and owe the association money..I was told on an earlier request that the emails are private.should she be emailing homeowners about something like this when other owners ar.is this legal when other homeowners do not have this right to email others and freedom of speech ?
-- Freedom of speech protections generally apply to situations where a federal, state, city or county government is censoring speech in appropriately. Such protections do not apply to HOAs and COAs.
-- Your recourse is to request from the COA a copy of the membership list pursuant to the SC Horizontal Property Act (a.k.a. the SC Condo Act) and snail mail owners about what is happening. Per the statute, the membership which will include snail mail addresses, but not necessarily email addresses.
-- Directors should not be using COA resources to spread lies. On the other hand, if an owner is telling people the board or manager are stealing without having definite proof, this is a huge legal mistake by the owner.
-- Your best options are either: Change the board makeup at the next election; move; or tolerate any bad behavior by the board.