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KathleenR2 (California)
Posts: 8
Posted:
Hello Everyone from Ontario, California!

I will try to make this short!
Our PMC found out that we were going to terminate their service and decided to terminate us instead. Since then, the PCM has done nothing but "Bad mouth" the treasurer and the entire board. As a result of this "Bad mouthing" I personaly have been verbally attacked by homeowners.

What can we do to get them so shut up and can we take any legal action against this PMC?

Kathy
Ontario, CA

JohnK3 (Pennsylvania)
Posts: 967
Posted:
Thank the Lord for Google!

>>>Pursuant
to statute (California Civil Code Section 46):

===============================
Slander is a false and unprivileged publication, orally uttered, and
also communications by radio or any mechanical or other means which:

1.Charges any person with crime, or with having been indicted,
convicted, or punished for crime;

2.Imputes in him the present existence of an infectious, contagious,
or loathsome disease;

3.Tends directly to injure him in respect to his office, profession,
trade or business, either by imputing to him general disqualification
in those respects which the office or other occupation peculiarly
requires, or by imputing something with reference to his office,
profession, trade, or business that has a natural tendency to lessen
its profits;

4.Imputes to him impotence or a want of chasity; or

5.Which, by natural consequence, causes actual damage.<<<

Soooooo....got any 1-5 beefs?
EllenS1 (Florida)
Posts: 1,148
Posted:
A letter to the DPR may yield some results. This is definitely not professional and the DPR should notify the PM of this.
KathleenR2 (California)
Posts: 8
Posted:
Hello,
Thank you to both of you for responding to my concerns.

Ellen, DPR is Department of Property ??? It may be something different in CA? I do know that we will be reporting the PMC to the Better Business Bureau.

Thanks again everyone! All comments and suggestions are greatly appreciated!
SusannaM (Florida)
Posts: 366
Posted:
I think what Ellen is referring to in FL is the Department of Bus. and Prof. Regulation (DBPR)
This division also handles disputes through arbitration between homeowners and HOAs such as board recalls.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ellen,
Your PMC is still a business, and if you have documentory proof they are contributing in any way with your right to conduct your business(HOA) it would be worth a call/trip to BBB and go up the line there.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Kathleen - you have to prove "damages" stemming from any verbal accusations.

Concentrate on getting the necessary paperwork from the PM and listen with half an ear to what they are saying about the HOA - there may be some truth in it.

Use this as a learning expereince.

By the way, is this the OWNER or the on-site STAFF that is bad mouthing the HOA?

In any case, get a committee together to choose the new PM and learn from past mistakes.
WilliamT2 (Texas)
Posts: 8
Posted:
Are these accusations true?

If not then let it go, move on.

Ask to be shown documentation by these "bad mouthers" to substantiate their clain(s) or request their inquiries be in writng so you can address them professionally.
EllenS1 (Florida)
Posts: 1,148
Posted:
In Florida property managers are licensed and the Department of Professional Regulations govern their actions. I'm not sure but believe they can revoke their license. Check with your state for details. It would probably be the same agency that governs realtors.
EllenS1 (Florida)
Posts: 1,148
Posted:
Oops! Susanna is right about the name of the agency.

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