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RogerJ1 (Texas)
Posts: 550
Posted:
I had posted about nutty stuff happening with a property owners association in Texas. Recently, that craziness resulted in a husband and wife being sued for libel - one a director but her directorship had nothing to do with the suit. In the process of the suite, the other board directors gave affidavits with their board titles to their names, and most of their affidavits were spent just whining about their board positions and how hard it is for them. In my opinion, they were basically inviting the Association to get caught up in the lawsuit whether through ignorance or by design.

Anyway, what I want to point out is that the Association has officially been labeled as being in disarray. During a hearing, when the defendants' attorney was going on and on about the Association, the judged stopped the attorney to tell her that the happenings in the HOA are not relevant to the case, and then he added, "frankly, it is clear that this is a highly dysfunctional "HOA" so even if it was relevant there is no need to belabor it."
CathyA3 (Ohio)
Posts: 6,299
Posted:
Do you have any links to articles about this?

As far as I know, the courts don't allow parties to a lawsuit to "invite" others to join in. That said, airing dirty laundry in public is seldom a good idea. And affidavits are testifying under oath - not smart if the person signing the affidavit doesn't actually know what they're talking about.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By CathyA3 on 08/10/2023 12:45 PM
Do you have any links to articles about this?

As far as I know, the courts don't allow parties to a lawsuit to "invite" others to join in.

I meant they might invoke a cause of action that would cause them to become co-defendants and by using their titles, pull the association into it as a party.

I assume that if they had run the notion of giving affidavits, specifically titled as association board members, to an-ongoing lawsuit not directly involving the association, the board's attorney would have told them not to do it and instead only use their names with no association affiliation. Therefore I do not think they ran it by the board attorney.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RogerJ1 on 08/10/2023 10:52 AM

Anyway, what I want to point out is that the Association has officially been labeled as being in disarray. During a hearing, when the defendants' attorney was going on and on about the Association, the judged stopped the attorney to tell her that the happenings in the HOA are not relevant to the case, and then he added, "frankly, it is clear that this is a highly dysfunctional "HOA" so even if it was relevant there is no need to belabor it."
I do not think the judge's statement has any 'official' legal value whatsoever. First, it's not a ruling. Second, I think a HOA can be in 'disarray' and not be violating any governing documents or statutes. The U.S. Congress is in 'disarray' in many people's opinion. Same for the Supreme Court. Yet no law is being violated.
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By RogerJ1 on 08/10/2023 10:52 AM
I had posted about nutty stuff happening with a property owners association in Texas. Recently, that craziness resulted in a husband and wife being sued for libel - one a director but her directorship had nothing to do with the suit. In the process of the suite, the other board directors gave affidavits with their board titles to their names, and most of their affidavits were spent just whining about their board positions and how hard it is for them. In my opinion, they were basically inviting the Association to get caught up in the lawsuit whether through ignorance or by design.

Just a guess, but did these people even bother to consult a lawyer?

You can call it disarray. I'd call it "et up with the dumbass".

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It sounds like someone just rambling on about their HOA issues till the judge told them to shut up and got the point it is drama...

We call that down here "I got a bone on my leg" excuse. Everyone has a bone in their leg... Just stop making it a problem...

Former HOA President

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