Election ... Defamation of Character ... FLAPP

Started by LoriE • 6 replies • 1650 views

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LoriE (Indiana)
Posts: 34

Posted:

I was recently involved in an election. The HOA president held a Meet the Candidates Night. Unfortunately, not many showed up. I was asked the question, by member of the board, "in 1999 you were pursuing a management co. and he asked if I would continue to pursue a management company if elected to the board".

My response was "it wouldn't be up to me. The new board would have to research companies but the final decision would be up to the neighborhood." I have a written outline of what I said. I had a feeling it would come up and was prepared. He didn't ask me any more questions that evening. Now he has taken what he wanted to hear and put a "spin" on the facts. He has defamed my character by his lies. There were other members in the audience who can confirm what I said. This board member has also put it in writing.

For one thing, I don't remember bringing it up in 1999. This sitting board member then called members of the community and told them I would be seeking a management company if elected to the board and that management companies are costly and this would cause a dues increase. He is a liar. I never said such a thing at the meeting.

He has been a known liar in the community that won't stop. I have contacted my attorney.

Is anyone familiar with FLAPP and how it applies to homeowners (volunteers)?

Thanks,

GeraldT4
Posts: 1,022

Posted:

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. The Board member according to you is making false and therefore defamatory statements about you in writing which is technically libel. Curious how he got the notion you were pursuing an MC in the first place? Why is it you didn't say that you weren't when he asked? Rather you provided a more political response which was, "it wouldn't be up to me. The new board would have to research companies but the final decision would be up to the neighborhood"? Not sure what FLAPP is, please explain?

LoriE (Indiana)
Posts: 34

Posted:

It was something he found from 1999. He had no idea what my views are today on a MC.

I have worked with many MC's in my line of work, as I explained in my answer to him. Some are good and some are bad. Some would make a good fit and some would not. It's a huge decision I feel the community should be involved in after being presented the facts. I'm not for or against. I have an open mind on this topic. More than he has obviously.

The MC has been researched by our board numerous times. This isn't something new.

I'll get more info on FLAPP. My atty was discussing it with me today.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lori,
How large is your association and is this a condo or stand alone homes?

I do not know what your own documents states but in my association, it is the Boards responsibility to hire and fire anyone who works for the association and that includes the management company and personel. That is what the Board does, and that is run the day to day operations of the association. Having the membership get involved in chosing a M.C. in my opinion is not any type of viable duty. Imagine how many different opinions could be dealt with if everyone had say-so in this as well as all of the other service contracts that a Board has to deal with annually.

And to get involved in a lawsuit against another member is what I call "excessive" People will say and do stupid things and to react to everything that we don't like or consider liablous, is just plain nonsense. A jerk will be found out to be a jerk so let it go, take another look at the situation and work around this.

SusanW1 (Michigan)
Posts: 5,202

Posted:

You have to show "harm" to win a defamation of character suit. It's not worth it.

Instead, start campaigning for the Board.

State your official "platform" in a flyer and stand by those position statements.

Say what you mean and mean what you say . . .

LoriE (Indiana)
Posts: 34

Posted:

I did campaign for the board. A teller said the 2 new members won with non-resident and builder blocks. We have another problem, the 2 who were voted in are in good graces with our office manager. For all we know, those votes were not legal. The ballots could have filled out and signed not by the actual voters. They had to go to the non-residents and builder blocks because everyone else who lives in the neighborhood are fed up with how they ran the association previously.

The past board made strides to move the community forward and dealt with critical issues facing the community. The new members will do the opposite because of their past history. We have a serious drainage issue. The process has already been started but these board members will stop it because I live in the area most affected. My property is at the end of the drainage facility. So what do I do?

How about a letter from my attorney asking that they cease and desist from making further defamatory comments? I have to live with the people in this community. It's amazing how I can be made the guilty party and not have done a thing.

BTW, it is SLAPP (strategic lawsuit against public participation).

PaulM (Pennsylvania)
Posts: 1,347

Posted:

LoriE: What do your official documents state about contracting with a management company to assist with the duties/responsibilities of the association? Does it also address terms of a contract with a mgmt. company?

Not aware of FLAPP.

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