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AnnaD2 (Florida)
Posts: 960
Posted:
Today I was approached by an owner who informed me that she has filed a complaint with our property management company AND with our association attorney. She said she is being harrassed. She said that one of our board members has gone to another owner and complained about her children. She claims the board member has made comments that her little girl is fat; that the kids should go play in the park; that they're noisy and rude; etc. I know for a fact that this board member HAS said all those things; people have been complaining about these children for years.

I did not respond to her comments as she relayed them to me--I simply said that it is her right to write to whomever she feels she needs to complain to. But my question is this: Can the Board be held responsible for personal comments made by a board member who was speaking as an association member? None of her comments came from the board. How should we react with our PM and our attorney inform us about these letters?

Thanks everyone!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Gosh Anna,
This is grade school stuff. Unless there are credable witnesses to the name calling, I would guess that she is just blowing smoke. Kids are kids, some are naughtier than others and she better get used to dealing with being a Mother of them maybe being called names. Unless there have been formal letters of complaint against the kids , I cannot see this as being for real. The statements are not that harsh or liablous (except the fat thing was dumb to say) so just stay low with her and she will cool down. I really hate the childness of this sort of thing but ???

Do speak to the Board member and put her on notice that she is not allowed to speak at all to the Mother about the kids. Any communication or warnings must come from the Board or P.M, acting for the Board. That is what your P.M is supposed to take care of.

And how does she have access to the Association attorney? I cannot even talk with mine and I am on the Board. Only our President communicates to him unless I get permission to do so.

So, can the Board be responsible for her comments? I would venture to say, NO, and that is why you need to keep D.& O. insurance, just in case some over zealous person gets this riled up.
HaroldS (Arizona)
Posts: 906
Posted:
Sounds like a personally expressed opinion to me, and unless the board actually was involved with this opinion the PM and attorney would probably ignore it. (I'm not sure what she expected the PM and attorney, who are hired by the board, would do anyway.) I suspect if they do anything, they would advise Board members to be more careful making personal comments about members.
AnnaD2 (Florida)
Posts: 960
Posted:
That's exactly what I was thinking, Donna. It's so childish. She made the comment that the board members should be held to a higher standard than the rest of the people. I wanted to say that board members are association members, too, and no better than anyone else. But I kept my mouth shut.

This woman used to be the association president. (She knows who the attorney is and sent him a letter---not a phone call.) She's no longer on the board because she stole $5000.00 of our association funds. The day she was going to be prosecuted she paid it back and resigned. She's since been in jail several times and is a convicted felon so she won't be on a Florida board again.

I know this information isn't relevant to my original question but it's just a little background about the type of person we're dealing with. I doubt our association attorney will even respond to her.
DonnaS (Tennessee)
Posts: 5,671
Posted:

SHEEESH!

There is one in every association. Just tell everyone to stay clear of her. Hopefully your attorney will send her a big bill and she will not like to pay for the advice that he should give her and that is to Forget about it.

Your background story tells us exactly what kind of person you are dealing with. Just tell all of the Board to keep away from her unless she crosses any line. Then I would get her and get her good.
GeraldT4
Posts: 1,022
Posted:
AnnaD2 - I'll give you this, the matter does require some finesse because regardless the person who you say said these things is a Board member. However, the person who went to another owner and complained about the other owner's children just so happened to be a Board member. Is that person not allowed to speak her mind just because she's a Board member? Does that person loose her constitutional right to speak? No. Is that person out of line for calling a little girl fat? Yes.

The way I'd approach it after receiving all communication from management and the attorney is that the Board as a voting majority does not involve itself in personal disputes between neighbors. However, it is not appropriate for anyone to call anyone fat, or other such pejorative descriptions. The Board as a majority frowns upon such unneighborliness, rude, and noisy behavior, and wishes that all can resolve their personal disputes amongst themselves as neighbors without involving the association. Furthermore you wish to assure the homeowner that she is not being, nor will she be harassed by the Board and that personal matters of association members are handled in strict confidence.
BrianB (California)
Posts: 2,820
Posted:
Gerald (and others) are right. If this board member said such a thing during a meeting of the board, that's one thing. If she identified herself as representing the board, that's one thing.

But, just because she said "A" and happens to be a member of "B" doesn't make "B" responsible. I would remind the offended person that the comments were made by another neighbor, NOT in any official context as a board. Her problem is with her neighbor, not with the board.

After that, you have two more things in your favor: 1) Truth is a defense against slander, so if the child is fat, tough noogies to the parent trying to sue. 2) Typically, in order to have a tortable claim, you must show damage or harm. What will this person claim as damage/harm? Sticks and stones may break some bones, but names don't typically remain tortable.

AnnaD2 (Florida)
Posts: 960
Posted:
You guys are great! GeraldT, if you don't mind, I may use the exact words you printed in your last paragraph. You said it exactly as we need to say it. Thank you!
GeraldT4
Posts: 1,022
Posted:
AnnaD2 - I don't mind if you quote the words I used, blame it on me if you want to!! : ) We've had similar situations happen in my HOA as it seems many of us had. You gotta give it to BrianB for his insight on the tort claims for slander. The owner who feels her little girl was slighted sounds like a handful. Sad that kids are involved, I don't understand what her weight has to do with her supposed noisy, and rude behavior.
AnnaD2 (Florida)
Posts: 960
Posted:
I think it's because it's not the "pitter-patter" of a little child's feet when she runs down the concrete second floor walkway. Poor little girl--she can't help it if she inherited her mother's genes.
ShawnaF (Colorado)
Posts: 84
Posted:
Lol...good grief, what a situation! I agree with everyone here and it really is silly, but look at what you're dealing with.

THIS is why I hated doing property management when I lived on the same property and it's similar to being a Board member. The Board member who opened their mouth to talk about something/someone personally in the first place - still not a good idea.

The inside of my house is the best part and dealings with the neighbors are always as friendly as can be, avoid topics of Board business or personal nature, and stay away from personal issues in chat with anyone!!! I like nice, aloof, and playing ignorant (oh, thanks for the information, I'll have to research that.)

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