CasaS (Florida)
Posts: 8
Posts: 8
Posted:
CAM has made up false allegations about my conduct and lied to the BOD and they want to sue me based on that. How do I defend myself?
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CAM Harrasment
Started by CasaS • 17 replies • 190 views
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DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Get an attorney?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
What makes you think the CAM "wants" to sue you? And for what alleged conduct?
In my HOA, if an owner yells or swears, etc. at our (onsite) CAM, the CAM reports the bad conduct to the Board--with corroborating evidence-- and the Board, per our rules, calls the alleged violator to a hearing, where they may/may not be levied a fine.
In my HOA, if an owner yells or swears, etc. at our (onsite) CAM, the CAM reports the bad conduct to the Board--with corroborating evidence-- and the Board, per our rules, calls the alleged violator to a hearing, where they may/may not be levied a fine.
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
Why he did that I am not 100% sure. He told the BOD false info that I am berating him, employees, disturbing his work etc. I have not talked to him in person or on the phone, sent total 19 emails in a calendar year asking about difent HOA related things. I think he is afraid I will uncover something he is hiding so he went on attack. He lied to BOD and they in turn issued me a Pre-trial mediation order. I am losing my mind as now under that legal mumbo jumbo no BOD member can talk to me so I cannot even defend myself. Total Orwelian world. He is using my money as a dues paying member to hire ana attorney to defend his lies.
JackieB4 (California)
Posts: 398
Posts: 398
Posted:
When spitting matches get started (he said-she said) ALL documention becomes invaluable. Organize your paper work and follow Dean's suggestion: Take your paper file to an appropriate
(Real Estate?) lawyer. Know your community documents!
(Real Estate?) lawyer. Know your community documents!
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
You don't get to pretrial mediation from just a few emails. Pretrial mediation means they have already filed the lawsuit against you. You had to have been served with the lawsuit documents. I don't think you are telling us the whole story. Maybe you didn't speak to him, but did you speak to the other employees? Have you sent them emails? Have you posted about the property manager and staff on social media? Have you made accusations about them to at board meetings or in other venues?
If you think they are suing you for no reason you need to hire an attorney. But don't expect to get good advice here if you don't want to tell the whole story.
If you think they are suing you for no reason you need to hire an attorney. But don't expect to get good advice here if you don't want to tell the whole story.
ElleN (Idaho)
Posts: 1,335
Posts: 1,335
Posted:
Quote:
Posted By CasaS on 03/04/2025 8:16 PM
He lied to BOD and they in turn issued me a Pre-trial mediation order.
He lied to BOD and they in turn issued me a Pre-trial mediation order.
What exactly has the HOA asked you to do that you apparently are not willing to do?
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
The letter says pre-suit mediation pursuant to Section 720.311 Florida statues. No Lawsuit was served. And I swear I am telling the truth here, nothing but the truth. I did not speak to him or any other employees, in person or over the phone. I only sent emails with questions, basic stuff. I know this sounds crazy! I just met with the attorney, and he suggests we go to mediation but himself has no idea what they want from me. I have not been disruptive to anyone. When I have a questions or things arise from association I email. That happened 19 times over a period of a year!
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
They said I am being a nuisance with my behavior. My 19 emails in a calendar year. What they want me to do? I guess stop asking questions? Or move from here? Not sure? He is obviously hallucinating and telling the BOD lies. We have not interacted in person period.
ElleN (Idaho)
Posts: 1,335
Posts: 1,335
Posted:
Quote:
Posted By CasaS on 03/05/2025 9:19 AM
The letter says pre-suit mediation pursuant to Section 720.311 Florida statues. ... I just met with the attorney, and he suggests we go to mediation but himself has no idea what they want from me.
The letter says pre-suit mediation pursuant to Section 720.311 Florida statues. ... I just met with the attorney, and he suggests we go to mediation but himself has no idea what they want from me.
What baffles me is that FS 720.311 requires that the association's written demand for presuit mediation "List specific nature of the dispute or disputes to be mediated and the authority supporting a finding of a violation as to each dispute."
See http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.311.html
If the HOA did not comply with the statute's requirements for presuit mediation, you can tell 'em no.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By CasaS on 03/04/2025 8:16 PM
Why he did that I am not 100% sure. He told the BOD false info that I am berating him, employees, disturbing his work etc. I have not talked to him in person or on the phone, sent total 19 emails in a calendar year asking about difent HOA related things. I think he is afraid I will uncover something he is hiding so he went on attack. He lied to BOD and they in turn issued me a Pre-trial mediation order. I am losing my mind as now under that legal mumbo jumbo no BOD member can talk to me so I cannot even defend myself. Total Orwelian world. He is using my money as a dues paying member to hire ana attorney to defend his lies.
Why he did that I am not 100% sure. He told the BOD false info that I am berating him, employees, disturbing his work etc. I have not talked to him in person or on the phone, sent total 19 emails in a calendar year asking about difent HOA related things. I think he is afraid I will uncover something he is hiding so he went on attack. He lied to BOD and they in turn issued me a Pre-trial mediation order. I am losing my mind as now under that legal mumbo jumbo no BOD member can talk to me so I cannot even defend myself. Total Orwelian world. He is using my money as a dues paying member to hire ana attorney to defend his lies.
I think you should admit to nothing, deny everything, demand proof and claim the CAM is out to get you for no good reason.
I think the board should act like logical people and investigate the allegations. Through a preponderance of the evidence. The board should determine if you did what you are accused of and it it violates an HOA Regulation.
If it is determined you violated the regulations, the board should determine if a warning will change yourfuture behavior or a fines are are the only deterrent.
CAMs are rather thick skinned people who take BS pretty well and don’t randomly pick out innocent owners to make false claims about, I suspect you continued doing what ever it was until the CAM has had enough of your BS.
ElleN (Idaho)
Posts: 1,335
Posts: 1,335
Posted:
CasaS, if you end up attending this presuit mediation and if you believe the CAM is lying, you flatly and with a stone face state something like the following:
-- "What the CAM said is false. I never harassed anyone. I never did ___ [fill in the blank with whatever falsehoods the CAM asserts."
-- "For the sake of moving forward, I agree to follow the rules that all others here agree to follow."
Do not let them bait you. Do not get emotional.
-- "What the CAM said is false. I never harassed anyone. I never did ___ [fill in the blank with whatever falsehoods the CAM asserts."
-- "For the sake of moving forward, I agree to follow the rules that all others here agree to follow."
Do not let them bait you. Do not get emotional.
ElleN (Idaho)
Posts: 1,335
Posts: 1,335
Posted:
Quote:
Posted By DeanJ on 03/05/2025 9:25 AM
I know hearing both the CAM's side here and CasaS's side is unlikely to happen. A few observations: CAMs are rather thick skinned people who take BS pretty well and don’t randomly pick out innocent owners to make false claims about, I suspect you continued doing what ever it was until the CAM has had enough of your BS.
-- I agree CAMs often take a lot of hostility from owners who do not understand the covenants, bylaws and legal structure of HOAs in general. In my experience owners do cross the line often.
-- On the other hand I think CAI conferences for one have resulted in CAMs learning how to inappropriately throw their weight around so as to minimize work, even when an owner is politely asking a legitimate question about rule/covenant enforcement. This means a CAM can go after anyone who is say the wrong skin color or wrong sex or similar improper reasons.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
How long are the 19 emails to the CAM? Are any of them requests for HOA documents or other materials?
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
3 to 5 sentences. No requests for documents, nothing complicated, very basic inquiries about day-to-day operations once a month or sometimes twice a month.
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
Thank you I intend to do that. The tricky part is he is fabricating stories of our interactions and none of those are true. I did not talk to him in person or on the phone, period. Sad thing is he presented all these lies to the BOD and they did not ask for me to share my side just sent it to the attorney.
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
Thank you I intend to do that. The tricky part is he is fabricating stories of our interactions and none of those are true. I did not talk to him in person or on the phone, period. Sad thing is he presented all these lies to the BOD and they did not ask for me to share my side just sent it to the attorney.
CasaS (Florida)
Posts: 8
Posts: 8
Posted:
Well, this CAM is new, has been doing this for few years. Other than 20 short emails I swear we had no other interactions, but yet I am dropping $2500 on attorney retainer while CAM and his attorney are also being paid by me and other HOA owners. This is the most bizarre set-up.
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