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MaryannC1 (Pennsylvania)
Posts: 30
Posted:
Can I legally file a right to know request with my HOA? A board director was sued by a community member for a slander incident that took place during a monthly meeting. The community member won the suit and was awarded monetary compensation. Do I have the right as a community member to find out the disposition of the case and how much was awarded? Thanks for any info.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By MaryannC1 on 05/21/2024 5:37 PM
Can I legally file a right to know request with my HOA? A board director was sued by a community member for a slander incident that took place during a monthly meeting. The community member won the suit and was awarded monetary compensation. Do I have the right as a community member to find out the disposition of the case and how much was awarded? Thanks for any info.

I'm not a lawyer but I believe that many settled defamation lawsuits also include some kind of NDA, so discovering the details may be difficult. Others may have better information and better answers.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
TimB4 (Tennessee)
Posts: 21,059
Posted:
If the legal action was won through the courts, it would be public record.
If the legal action was settled, as Bill points out, they typically can not disclose settlement amounts.

That said, take a look at the financials for this year and last year.
This may give you an idea.

However, if it was paid via D&O insurance, you won't see any amount above the deductible.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Depends if HOA funds were used. What is the purpose in knowing? It does nothing for you. Only thing about lawsuit is it is recorded on a PUD form for certain government backed loans the HOA has one. No details. It will effect loans availability or increase in refinance.

Otherwise just sounds want to be on a reason to complain.

Former HOA President
MaryannC1 (Pennsylvania)
Posts: 30
Posted:
Thank you!
MaryannC1 (Pennsylvania)
Posts: 30
Posted:
This particular board president and her husband the vice chair have been out of control with the way they deal with the membership and spend our money. They post lies about community members and are breaking bylaws. I'm trying to find out as a member in good standing of our small HOA what we had to pay out to settle this suit. A few members are getting together with a lawyer to see how we can oust this board. I'm just trying on my own right now to get as much info as possible.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Who cares at end of the day? Your job and others is to follow the rules for replacing the board. It may be that the board has to vote out the officer. Voting in a new board or voting back in the ones who are volunteering is the option.

You got people stepping up to run? The expenditures report will tell how much spent on legal. This may beam insurance claim as well.

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
The association should not be paying anything if the director slandered a member.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is not always the case. If they considered the communication was between members in the HOA, then it is an HOA matter.

Example: Me as President someone goes around to say the "President is a liar and a cheat". That is slanderous against the HOA and office position.

Now if I am a car sales person as well as President, and sell you a lemon car... That is NOT HOA slanderous. It is personal but you are effecting HOA business if you do not reference it to the car sales job.

The HOA may be responsible for paying if the lawsuit was brought against it.

Former HOA President
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By MelissaP1 on 05/22/2024 8:00 AM
That is not always the case. If they considered the communication was between members in the HOA, then it is an HOA matter.

Example: Me as President someone goes around to say the "President is a liar and a cheat". That is slanderous against the HOA and office position.

Now if I am a car sales person as well as President, and sell you a lemon car... That is NOT HOA slanderous. It is personal but you are effecting HOA business if you do not reference it to the car sales job.

The HOA may be responsible for paying if the lawsuit was brought against it.

Not slanderous if true.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
At this point putting toothpaste into the tube. The money is never coming back. Learn and move on.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
How many directors are on your Board? What size is your HOA?
GregoryT1
Posts: 315
Posted:
hi Maryann,

Hang in there. Kerry has a good question and it would help to know that information. Melissa point is to focus and get rid of the board or you will be mired in the past. Best thing is to get a new board and that might include you in running if you are not a board member already. There are folks who have experience in ousting and I am sure they will chime in also. Everything lies in the docs and your State rules. Loads of people here with your state experience. I already see people are getting together at your assn which is a great sign . If you want to help out the best way is to join them. Also recruit more people. You are going to go through a time black hole because that is what is going to happen. This will eat up your hours and give you a bad dispostion. If there is a will there is a way. Stay positive and please get back with answers to the questions.
ChrisS29 (Florida)
Posts: 48
Posted:
Does your county clerk maintain a website that has the records of the case? In my county I have been able to follow all of the lawsuits against my Association, read the documents filed in the court, and in some cases deposition and court testimony transcripts. If the suit end in an agree settlement the stipulations or amounts are not available to public record, however the amounts awarded in a jury trail have been posted to public record.

DeanJ
Posts: 1,786
Posted:
Sure, you can file a right to know request (what ever that is), but an HOA in most states is only required to provide you records required by law.
MarshallT (New York)
Posts: 414
Posted:
Sounds like you are on the right path, and the best thing you can do is remove this board member. The information may be publicly available, but your lawyer will be in the best position to advise whether the information can be accessed by other association members.

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