Quote:
Posted By RogerJ1 on 07/16/2024 1:00 PM
Posted By SheliaH on 07/16/2024 11:46 AM
No one is suggesting a discussion wouldnât help the person prepare for a chat with an attorney, but it helps to get a little more information on what happened so you can come up with a suggestion that makes sense. Maybe the coffeeâs worn off, but I donât know what to make of a question that asks about âa libel lawsuit around the N word thatâs semi-related to an associationâŚ.I think the defendant which is the minority party might be trying to take the case down the HUD ruling on HOA responsibility in the area of racial harassmentâ âŚ.. Maybe youâre more patient than I am and I know you like legal research, but if memory serves, Texas law has one set for HOAs (the single-family edition)
Searching for anything can be a challenge and I find most of the time the more specific you are, you have a better chance of getting closer to what you want. Perhaps I could have said it differently but even you asked about elaboration and that âthe exact circumstances may or may not translate to the HOA being liable.â
For starters - are we talking about libel (publication of false statements in physical form, such as writing) or slander (defamation thatâs in oral form) You know some people use those terms interchangeably. Was this something that someone said on a social media page sponsored by the HOA? Did someone let loose during an association meeting or the neighborhood BBQ (either way, I suspect a lot more came out than the N word if thatâs what happened).
Personally, I'm a little curious as to whatâs behind Rogerâs question â is he on the board, is he the one being sued, or is the rumor mill around the lawsuit going into overdrive and itâs occurred to him that this may not be an association issue at all. Of course, he doesnât have to explain that either, but youâve seen numerous conversations where people provide more information that turns the question on its head. I would think itâs easier to provide a little detail at the start to save everyone time.
Finally, As Iâve said before and will say again â people can take, some, none or all or what anyone has to say here â donât like a comment, just ignore it and move on to the next (it's faster and doesn't raise one's blood pressure). In this case, the only person who seems insulted about what I said is you. I'm not stopping Roger from asking questions or whoever answers them - in fact I hope he finds what he's looking for. Have a nice day.
A long series of board members leaving, a legal challenge to ballots, and other stuff for years. An African American lady, who has lived in the community for 30 years, tried to get on the board in an election and then formally challenging the results in early 2022. Two board members quit a few months later, and she was appointed. The next AGM, in early 2023, was canceled an hour before it started because the Board claimed something was wrong with the absentee ballot. The make-up AGM was held in a room with fire capacity of ~40 people and the association normally has ~60 people attend recent AGMs. So people were packed shoulder to shoulder in a already tense scenario - librarian in charge shrugged her shoulder while counting people. About 30 minutes into the meeting, an argument broke out, and the spouse of the African American lady became very aggressive. Several non-HOA people in the library called 911, 6 constables came to investigate the board spouse as the only suspect. Later that night, that spouse sent a subdivision-wide email claiming the other party called him the N-word (as far I as understand no one but that spouse and wife-board-member claim it was said.) In the email, he also called into question the business of the person in regards to using such language, escalating the libel. That lawsuit is over a year old, with a countersuit too and 50+ filings.
First, thanks for the info and responding in a civil manner. I apologize if I was overly catty - unlike ElleN you took the high road. Don't know what set her off, but I'm going to focus on the question from here on out.
I do remember some of this from earlier conversations you've posted - when the lady was running for a spot wasn't there a Zoom board or association meeting where someone interrupted by blaring a clip from the Dave Chappelle show, complete with the N word, H-word (for white poeople) and so on? Then there was tge library meeting where you wondered if it was selected even though it wasn't nearly as large as it shoukd have been, considering the number of people who typically show up?
You didn't bring up race at that time, but mentioned someone's spouse was a former basketball player, he got into an argument with someone else, chaos ensued, the cops showed up and you wondered if votes taken before all the hoohah should stand because the meeting was was adjourned.
I thought all that was bad behavior and still think so, and now you have this lawsuit. You wonder if HUD regulations might play into this. You probably know refusing to sell or rent housing based on race, nationality, religion, gender, disability, color and/or family status is a HUD violation, but treating someone differently or harassing them, or making a discriminatory statement about them can also be an issue with HUD.
If this lawsuit has gone on and on with counterclaims, it could be some time before your question is answered.
I also wonder if there is a HUD element, but it gets shot down as fallout from the Chevron decision (thank $upreme court!)
Like Kerry, I still wonder what you will do with this information. As far as I can tell, you're not on the board or part of a group that's trying to make change in your community because the current crew doesn't have its act together. Various suggestions have been given to you, but youve never reported back on whether you tried anything and what happened next. Are you worried the association will be on the hook for an expensive settlement if the couple wins? Are you involved in this lawsuit - if so, I would think you'd be discussing this with your attorney. So what's your end game?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius