Interesting issues

People can say whatever they want, and nowadays, everyone getting more bitter and mean (thanks to the maniac in the White House who seems to get away with it), so the best you may be able to do is to hold your ground. When people see you aren't intimidated and all the crazy emails aren't doing anything, they may get bored and stop.

That said, are the emails coming from the same people and/or being sent to your personal email address? If so, you can block them, although they might start up again by using different email addresses. The thing to worry about is when this behavior leaves cyberspace in the form of people making threatening phone calls (also be hard to track because people use burner phones), vandalism to your personal property or people running up on you screaming and such. That's when you need to notify police and file a report. If you have a Ring camera or similar around the house, it might help identify the culprits, and in addition to talking to the prosecutor's office about criminal charges, you may have grounds for filing a civil lawsuit for harrassment, although I hope nothing that extreme has happened.

Right now, the rest of the board knows you aren't backing down and can't prove the voter fraud anyway, so the only thing left is to try and persuade everyone else to consider voting you out at the appropriate time. You don't say how long this has been going on, but if you're still here and they're changing tactics, you really are winning. I suspect the other homeowners know it too, so keep speaking your truth - the ones who know fact from fiction should also know to ignore the noise.

You can also request an executive session to discuss all this, demanding this faction put their money with their mouth is and PROVE you did whatever they're accusing you of - if they can't, tell them the bad mouthing has to stop and if it doesn't, you will consider legal action against them. In the meantime, it may be helpful to keep a record of the emails because it is possible to trace them (although it takes some doing and may not be cheap).

(My first day back from a 40 day break from social media - looks like the same old, same ole!)

Yes, any lies they publish about you has to pass a higher hurdle because you are a quasi public figure.

No, they cannot say anything they want and be certain they will not be found liable for damages you suffer. The "damages" must be quantifiable in dollars and comply with very very strict rules for what counts as "damages."

The higher hurdle is probably the fact that you have not suffered what the law calls damages.

Can you ask the board to please consult the HOA attorney about these lies the other directors are asserting? They do pose a threat to the HOA's insurance and more.

Caveat: AI says that in Michigan, defamation per se occurs when the speaker/writer imputes a criminal offense or chastity. If defamation per se is alleged, damages do not need to be shown.

I suspect HOA voter fraud is an accusation of one flavor or another of a corporate crime.

Consider writing a just-the-facts, emotion-free letter to the Board and asking them to consult the HOA attorney. If you want a draft of such a letter, ask.

Wow where have you people been in my life for the past 4 months? The anxiety has been horrendous. So this faction can lie and accuse me of whatever they want in open meetings or threaten me with recall without fear of punishment? Or something like that isn’t worth going to court over? It has affected greatly. Went to a psychiatrist for anxiety, I worry if this will affect my work because work is attached to my reputation. It is easily proven that I didn’t, witnesses and all.
It doesn’t make since
I love how supportive all of you are

I still feel like I don't understand some of what you wrote, Marilyn. It might help others too.

What is the so-called "voter fraud? Please define it.

What size is your HOA & Board?

Why do you think there's embezzlement?

When is your next election for. directors.

As Shelia recs, you might try an executive session agenda item. And from it would emerge a motion to consult with the HOA attorney about these public and written accusations against you. Point out that the JOB of the board of dterectors is to do what's best for the HOA/the association. This is per the Business Judgement Rule (BJR) that I believe is in every state's, corporations codes

How can badmouthing a fellow director, or two, be defined as in the "best interests" of your corporation (HOA)? That's the question for your attorney.

Marilynn,
Twelve people on your board? That seems strange because of the size and also the even number. I can't imagine a board with that many voices. As Kerry has asked how many homes or Condos are in your HOA?

Marilyn,
So many questions please help us help you. How old is your community? How did your board grow to that strange number? The only community I have ever seen with board members they were called neighborhood delegates. They spoke on behalf of the smaller areas of a large HOA with 2500 SFHs. In that case they reported to a board of 5 who made decisions based on the delegates reports.

How many directors are requires s stated in your Bylaws, Marilyn. Please cite the exact wording.

I've been on this forum for many -years and don't recall ever seeing a Board of 12?

Are you saying there's an actual box into which each owner places a ballot at the annual meeting & Election? And no one. watches or monitors this ballot box to make sue it's not "stuffed?" ?

Do your documents require an audit or perhaps an annual review, or not? Do you have a full-time community manager with an office on th premises? Or do you have a community manager at all?

This must feel like the 3rd degree, but, at least for me I'm having trouble understanding your situation.

Here's another one that will help me.. At Board meetings, don't directors have to follow a written agenda in Michigan? (We do in Calif & also in many states). Because o this r requirement, directors cannot just pop off about anything they want. They MUST stick to the agenda.

If you are saying to others that you think embezzling is going on, be advised that now you may be found liable for defamation per se.

Did the accusations of voter fraud begin before or after you spoke of possible embezzling to others (if you spoke to others about this)?

Do the bylaws require an audit every so often? If not, be advised that audits can be quite expensive. I am not saying an audit (of one flavor or another) should not be done every so often. I am saying that I can understand why boards might resist having a full-
blown audit (for one).

Please take a moment to review Michigan State law: MCL Section 750.41h There is a lot of information that you can review that may help you understand how to proceed.

Marilyn, unless I missed something, you never mentioned your specific community so I don't see how a connection could legally be made. Threats are a dime a dozen. Stay focused...
Yes it's extremely difficult.

Agree with Dean. There are at least 6 of you on the Board on the "same side." Unless your finances are incredibly complicated, you "should be able to find it reasonably easy in the HOA books ."

Are you faces reviewed every month at Board meetings, Marilyn.? By that I mean are expenditures for the month in a Board packet that you and all directors review at your regular Board meetings? If not, how would any of you comprehend and audit or annual financial review?

Again, Marilyn, would you mind citing the part of your Bylaws that say you must have 12 directors?

Unless your governing documents or applicable laws specify qualifications, the Board has zero say if someone can or can not be elected.

If your governing documents specify "members in good standing" may be elected to the board without the term "good standing" being defined, denying someone from serving can have legal consequences as the term can be open for interpretation.

Marilyn,
I usually say stay and fight, but you have a hill too high to climb in my opinion. Twelve or even 11 members of a board is crazy once again.

Just remember you ARE the board as long as you are a part of it. If you can't fix it might be best to just put your head in the sand like the rest of the homeowners.

Do your bylaws declare this resident to be ineligible for failure to be in compliance with deed restrictions?

If not, your board is not in compliance with the bylaws and likely violated state law as well.

Rules are rules.

Marilyn, first please quote exactly what your bylaws say, if anything, about eligibility to serve on the board.

I'm also wondering the same thing as Elle: WHAT requirements are there in your Bylaws to be eligible to be a Board member? 1. The person must be a member of the HOA is very common. Do your Bylaws have other requirementns, like candidates must not be delinquent in their dues? Or candidate bus not be convicted felons?

Do you have a copy of your HOA's Bylaws, Marilyn?

I think you are correct, mark.