Being Investigated

Improper for board to make such a request.

-- Asking owners to send emails and phone call recordings to the Board breaks no law. This is so even if the Board and management company are being criminally investigated.

-- When one pokes the bear, one should always anticipate that the bear will snarl and snap back.

...and, the attorney will not stop the board from asking for "evidence" from the homeowners.

Everyone involved in this should shut the erf up NOW, follow their lawyers' instructions, and let the legal process play out.

Notes:

* Accused people are allowed to gather evidence.

* People who run their mouths in writing or within the hearing of others risk having their words come back to haunt them. Guide your behavior accordingly.

* The internet is forever.

* Chickens do tend to come home to roost. In other words, consequences.

It sounds as if the board doesn't already have evidence of defamation but the board is fishing for evidence of defamation.

I read that SC was a 1-party state.
The poster did not say who might be defamed.
Guessing about defamation would not qualify for executive session in CA.
The poster did not accuse the board of a crime.

If I'm not mistaken, Dawn has posted here numerous times with many and v various complaints about her Board. This in case anyone wants to take a look at her history.

Hers are all over the map, as I recall--noisy upstairs neighbors, etc., etc., lousy mgmt.

Maybe I can explain a little bit clearer
The board of directors,and the management company are being investigated by the local sheriffs office for possible criminal activity.
When the management company and the Board found out about the investigation, they obtained the hoa attorney to represent the board and the management company.
The homeowners has no idea a investigation is occuring.The board has not disclosed this.
The emails,presidential address letter, door postings,USPostal Service has been used along with the associations platforms,such as the owners private email addresses, appfolio,the associations email,clubhouse,etc,at the owners expense,but these platforms are not used to try and convict someone,that is what the courts are for.
The owner of 25 years is not offered the email addresses,and our management company can and does fine $1000 and daily double since it was highly recommended this evidence be sent to them.

One person in the management company interfered in another active investigation at a apartment complex,where she was employed as property manager,as she made attempts to hide the investigation,it was a gated community,and she would have lost tenants, and money,so she attempted to hide their entering the property,but also told them the law,they were trespassing. Etc.
This was in a newspaper clipping from one of the oldest newspapers around,and quotes from the local sheriffs dept,and a local lawyer.
So,I will give you some time to let this sink in.hopefully this gives you a better understanding.
There is lots more but I'll give you time to catch up.
Thanks guys.

Three sentences.

Average words per sentence: 42.

See https://charactercounter.com/sentence-counter

From https://insidegovuk.blog.gov.uk/2014/08/04/sentence-length-why-25-words-is-our-limit/:
"when average sentence length is 14 words, readers understand more than 90% of what they’re reading. At 43 words, comprehension drops to less than 10%.Studies also show that sentences of 11 words are considered easy to read, while those of 21 words are fairly difficult. At 25 words, sentences become difficult, and 29 words or longer, very difficult.

DawnL6's third post averages 22.7 words per sentence.

Also, if the board has D&O insurance (which most do) and found out they were being investigated, they would be REQUIRED to alert the insurance company and hire legal representation.

I don't see the request to turn over information to the board as being outside their scope. A little unusual, yes. But just asking for information does no damage to HOA members. If they said the owners had to turn over the information or face fines or other punitive actions, then that is outside their scope. But just asking for help gathering information is not going to damage any homeowner in any way. If you don't want to participate, you dont' have to.

It was hard to figure out the situation described by Dawn. It appears someone made a complaint to the sheriff's office that illegal activity is going on by the HOA board. The PM was involved in something possibly illegal at another community. The person who made the complaint may or may not be a disgruntled owner, but there is a disgruntled owner who is calling/texting/emailing other owners saying things that might be defamatory about the board (or might be true). The board is working with the HOA attorney on the matter and is gathering information but has not disclosed the investigation to the membership.

People make accusations against HOA boards all the time. Sometimes they are true (there are a lot of bad boards out there that do stupid/illegal things) and sometimes they are not. We won't know until the investigation is wrapped up in this case. It doesn't appear the board is handling this illegally or immorally. If I were in this HOA, I would try to stay informed, investigate using official records requests, but keep my mouth shut.

At a minimum the Board has a duty to report the situation to the insurer. Otherwise the HOA insurer can (happily) deny a claim down the road. Why? Because the insurer will not have had a chance to provide counsel before things get to a court room. Without counsel, the Board may blunder.

Your interpretation of what is going on here fascinates. /s

I purposely said nothing about making a claim at this time.

I said the board should report the situation to the insurer.

There absolutely is verbiage in HOA insurance policies about alerting the insurer to potential litigation.

Do you really need to know how I know?

First, Nope.

Second, you are wrong about HOA insurers not getting involved until after a lawsuit is filed.

The board of directors and the management company is using the hoa attorney.

Our masterdeed states any director or officer is qualified for services of legal counsel, but is silent for criminal or civil issues.

What if being co clients by using the same attorney,and later it is discovered that some or all of them is involved,what then happens to the all of them if 3 or 4 starts turning on the other co clients.
I think this is asking for more trouble.
Which client to defend more while giving up the other clients best interest rights to have the full attention and benefits of one client.

I also think any evidence should be sent to the detective in the investigation,and not to the ones being investigated.

The newspaper clipping was from a prior investigation she interfered in at her place of employment.
I do rely on the detective in the investigation,and also Public Records.

One of the claims against the board of directors is forging public records in the association.
After obtaining the hoa attorney, the attorney also sent the owner the set of public records as being the true identical set as what is online through the deeds office,but is not.
After 2 sets,each one different to the owner at the same time the demand for harassment was sent.
Have not heard from attorney since,that was 6 months ago,after bringing to their attention of the same fraudulent documents were now sent by the attorney also..

I think you might have confused her with Danielle - remember the lady who had the issue with the noisy neighbor, which then morphed into a complaint about a napkin or some such blowing onto her porch, thus making the neighbor a litterbug? That seems to have ended with the neighbor moving, Danielle putting up her condo for sale, got a buyer, but changed her mind (her last post was asking for ways to get out of the sale without paying a ton of money, if memory serves).

Yes,you can say I do come every now and again for not only my reality check,but it seems yours also.
Feel fee to look into my history,the difference between my history and theirs is I am not a professional,over others assets,in a fiduciary
position,or a volunteer.
I am a homeowner who pays for the laws to be followed.And when this is not being carried out or laws not complied with,he'll we could do that with no management expenses if that were the case.
True example,
The co founder of the management company is the one that told me that the registered agent for the association had not been affiliated with our association in over 3 years.the co founder of the management company.
So I had to email her back and state that she knew we had no registered agent,no registered office,and no update or correct listing with the state for a registered agent.
This was done on a friday,come Monday we had a updated registered agent and a updated registered office.
If the management company or the board is fined,violated,
dissolved or terminated,who pays?
The owners do.
The Owners do not expect anyone to be perfect,but do expect due diligence.
There is one of me,15 of them.
3 years without a registered agent is not acceptable.
By the way,our taxes have not been paid yet.
There was a special assessment passed in July for $4k to each homeowner, and the monthly regime is $328 for a 2 bedroom.
Help!!!
The co owner of the management company is driving around on a beginners permit due to traffic violations,was advertising as being a insurance agent and owner at his hoa condominium units address,with a major insurance company.

He has a rap sheet out of Florida for such crimes as high and aggravated assault with a deadly weapon,possession of heroin, child neglect,etc.
You can't be no fuckin insurance man with a beginners permit and a criminal background history like this.
But now that he was confronted,the advertisement has been removed,and taken down.
The insurance headquarters has verified this information also.
Being no agent under his name.He is using different identifications,different social security numbers.
I'll stop and give you a chance to let this sink in.
Thanks yall