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DawnL6 (South Carolina)
Posts: 226
Posted:
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 ?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This isn't a freedom of speech situation. Plus letting people know that if they cause the HOA to incur expenses they will be on the hook for them. We had that debate in here before. Some HOA's will charge the person whom caused them to seek legal council the legal bill. The court will look at this as "damages". Which a court will ONLY make someone "Whole" not a profit. The HOA if the case went to court and it was found unfounded, the person could pay all legal costs.

I see this as a warning to stop threatening the board. It's only doing every member damage. Slander is a legal term. If something isn't true and you continue to say it, then you are being slanderous.

We only let people see their own account not others. We gave an overall collection rate but not what everyone paid. That is a personal issue. Do you want everyone to know what you owe? All need to know is the HOA is doing their job in collecting what is owed.

May not like what the President said but it may needed to be said.

Former HOA President
DawnL6 (South Carolina)
Posts: 226
Posted:
Well for #1 it is not me the president is referring to.but now that president sent email to all homeowners stating "let her know she is behind in regime's is not the homeowners jod,it's the board tos.to file lien or whatever steps they have in place.and most homeowners now have only heard the presidents personal letter,not both sides.so we as homeowners are not up to date
DawnL6 (South Carolina)
Posts: 226
Posted:
Well for #1 it is not me the president is referring to.but now that president sent email to all homeowners stating "let her know she is behind in regime's is not the homeowners jod,it's the board tos.to file lien or whatever steps they have in place.and most homeowners now have only heard the presidents personal letter,not both sides.so we as homeowners are not up to date
AugustinD
Posts: 3,698
Posted:
(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.
CathyA3 (Ohio)
Posts: 6,299
Posted:
If the person who was making the accusation has no proof, then yes, it's slanderous (*) and yes, the board needs to address it. Whether or not this was the proper way is open to debate.

(* Laws about slander can be confusing. Generally slander is something that the speaker knows to be false, or the speaker is reckless about determining the accuracy of their statements. People need to be aware that in a number of states, there are certain classes of slander in which damages are assumed, and accusations of criminal behavior is one of those. Slander cases can be hard to win because it's difficult to prove damages, but this is one where legal action could be appropriate.)

Not sure about the email, but since the board is being accused of criminal behavior, they do need to respond. I probably wouldn't have used email, I'd have put it in writing. The author of the slander should, at the very least, get a stiffly worded cease-and-desist letter from the HOA's attorney, and legal action should follow. Whether or not legal costs could be passed on will depend on your governing documents and/or state law and/or the results of a court case. However, it's unjust to expect the rest of the community to pay the cost of someone else's bad behavior. I'm totally on the board's side in this one - unless they are in fact stealing money, but given how little homeowners understand about HOA financing, I wouldn't bet that they are.

Freedom of speech has nothing to do with it. The First Amendment prohibits the government from taking action against people for what they say - it puts no limits on what private entities may do. And slander is illegal everywhere - no one has a right to publish false accusations about others.

SheliaH (Indiana)
Posts: 6,964
Posted:
Periods are your friend - please use them! Parts of thieves hard to read.

As you know, freedom comes with responsibility - it's one thing to review and he association financial reports and ask questions about spending or funding reserves, but it's another matter to accuse people of stealing or other had behavior, especially hounding have any proof.

You know full well how half truths and flat out lies have lead to all sorts of bad outcones, such as people being arrested for something they didn't do. it can take years to correct the issue, but by then, the person's life is nearly destroyed and he or she may never get his/her reputation back. This is why you have defamation of character, slander and libel lawsuits - and they can get really expensive for people who run their mouths without backing up what they say.

If the president's e-mail said this person is behind in paying assessments, that was inappropriate, but it's ok to say something like: some of you may have received emails or other correspondence claiming by the board of directors is stealing association funds. This is absolutely not true. Anyone is welcome to request and review budget documents, contracts and ask questions or make suggestions. ". I might also address specific claims made by this person and then end with the board is reviewing this matter with the association attorney to discuss options.

I really hope you didn't look at this and automatically believe it because you're upset over the engineering report issue you discussed in a previous conversation. Do you always believe everything that's written just because it's written without considering what was said and the source of that information? That's part of critical thinking - something too many people are incapable of doing these days.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnT38 (South Carolina)
Posts: 1,631
Posted:
"That's part of critical thinking - something too many people are incapable of doing these days."

Amen on this!!!
DawnL6 (South Carolina)
Posts: 226
Posted:
It came from the president.through the office email.so I'm sure no one else wrote it due to only 1 person in the office and security there.
DawnL6 (South Carolina)
Posts: 226
Posted:
Exactly john

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