misleading electioneering

Started by NancyM2 • 33 replies • 2890 views

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NancyM2 (California)
Posts: 249

Posted:

Dear HOATalk
We are in the middle of a nasty election. Our slate send out a letter, to owners introducing our candidates with their objectives and goals. (mostly to cut costs, and reduce dues)The present board mailed out a rebuttal letter to all the homeowners stating some facts about our candidates that were completely false, even liablous.
Claiming one of our candidates who works for a different Mgmt Co. presented a Mgmt Co. proposal to the board for their review from the Mgmt Co. she presently works for. Claiming "conflict of interest" Truth is their was a proposal from a different Mgmt Co. that was presented, but not by her, and certainly not the Mgmt Co. she works for. This will cost us many votes if the owners believe this. Their were many other false and missleading statements made as well.

Is it possible to contest the election based on these facts.

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

The Board does not have the power to "screen" candidates for office.

The Nominating Committee finds qualified people to fill positions. They do not "campaign" for them.

Besides, there might be write-in votes and nominatins from the floor.

Step back and let the election take place. The voters have the power here.

I hope you have a strong person to run the election at the meeting!

NancyM2 (California)
Posts: 249

Posted:

Susan ~ I'm not talking about screening. The seated BOD is tryimg to stop our new three candidates from being elected. As they have a "good old boy" board, that is spending way to much on salaries for their friends. The new candidates wish to put a stop to that, so the present "seated board" is playing dirty and sending out false information about our candidates to the owners. We didn't have a nominating committee as the person they appointed for that was a paid vendor/homeowner. I objected, and they dropped the Nominating committee.

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

YES Nancy - your board IS screening the candidates i.e. making evaluations on them, distributing literature about candidates, trying to influence the membership. That is NOT their role.

In any case, work behind the scenes to garner the votes you need to replace thesse board members at the next election.

That's the best you can do.

NancyM2 (California)
Posts: 249

Posted:

Dear Susan
Perhpas I should word my question differently. What happens if the BOD puts out a mailing with false information about a new candidate who is on the ballot running in the upcoming election. The board refuses to retract, the board claims they paid for this mailing independtly. This candidate would have to send out a mailing to 575 homes, which is very expensive to defend themselves. Would that be reason to challange the election?

Thanks
NancyM2

GordonD1 (California)
Posts: 131

Posted:

Susan,

Please read the question that Nancy ask when she opened this topic.

Happy Easter.

Respectfully,

Gordon

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By NancyM2 on 04/11/2009 6:21 PM
Dear Susan
Perhpas I should word my question differently. What happens if the BOD puts out a mailing with false information about a new candidate who is on the ballot running in the upcoming election. The board refuses to retract, the board claims they paid for this mailing independtly. This candidate would have to send out a mailing to 575 homes, which is very expensive to defend themselves. Would that be reason to challange the election?

Thanks
NancyM2

??

The board paid for the mailing "independently" of WHAT?!

They all donated their own personal funds to pay for the production and mailing of the documents?

I would say it would be "expensive" to produce a mailing for 575 homes, but not necessarily VERY expensive. It all depends on what your definition of "is" is.

A brief rebuttal can be produced on a half sheet of paper, using brief and to-the-point bullet points (I know one of them would be the board's misuse of HOA funds to produce and mail a bogus position statement on the nominees).

You can copy 2-up on a single 8.5X11 piece of paper, black&white only.

You can get 288 pages copied at Staples for $.06 per page then cut in half (for 576 copies total) for around $19-$20.

If you go the full 8.5x11 size it will only cost roughly $.05 per page for a total of around $32-$33.

You can either then hand deliver to each home (sounds like a long afternoon, but doable), or mail 3rd class? Even first class at roughly $200+.

I know, that's expensive, but I guess it all depends on how important you feel the election is.

So it can cost you as little as $20 and as much as $233. It's an investment, for sure.

SusanW1 (Michigan)
Posts: 5,202

Posted:

All candiates are responsbile for their OWN campaign.

The board has no right to use HOA funds to either campaign or rebuttal someone else's remarks.

A good newsletter, stating what the board has done for the year, is the best ammunition against rumors.

NancyM2 (California)
Posts: 249

Posted:

Thanks Michele, and Susan
The three candidates that are running wish to take "THE HIGH ROAD" and not engage in mudslinging. Therefore no rebuttal letter will go out.

I guess we just stand back and watch the present board get re-elected. Protecting the salary's of a "In house attorney",(friend of the board)annual salary of 159K. Plus the salary of a "ombudsman"(friend of the board)for a additional 85K a year.

Their isn't the time or the funds to do otherwise.

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

You have made the accusation that the board mailed out the letter, then you said they did it independently (private pay for the printing and mailing)

What is it?

Anyone can mail out anything they want. When HOA funds get involved, however, that's when it should be noted and pointed out that it is inappropriate use of funds. Reason for a recall, IMHO.

NancyM2 (California)
Posts: 249

Posted:

Susan, The present board claim they personally paid for the false and misleading letter sent out to homeowners.
NancyM2

NancyM2 (California)
Posts: 249

Posted:

Susan, When I said the board mailed out a letter, I meant it was authored by the board, and signed by them. But claimed it was paid for independent of HOA funds.
NancyM2

JonD1
Posts: 2,350

Posted:

With all due respect to you AND the three perspective candidates, you don't get very far in this sort of situation taking the "high road".

Just an excuse for giving up.

The truth is the truth and facts are facts and if you are not willing or able to do some work and make the effort to provide the voting owners the facts than what real role could you ever hope to play as a Board member?

"You don't show up at a knife fight without a knife." So when the need arises to make an effort and that effort might cost you time and money you fold up.

In my opinion that would show little hope for any positive change in the current situation.

As I have suggested in previous posts when you have a problematic, or misbehaving Board or PM they might just not go quietly into the night when a small group of unit owners decides THEY should run the show. You just might have a fight on your hands.

And as Ross Perot used to say "We are going to have to get dirty on this one!"

To allow this sort of misinformation to go unanswered suggests to me these candidates were not truly suited to take on this challenge.

If the costs to your property are now running in the thousands of dollars in salaries to useless "friends" of the current Board members, then as detailed it would seem to me a $200+ cost to set the record straight would be a SMALL price to pay.

Over the years I have paid for mailings out of my own pocket during elections and when it was necessary to clear the air from rumors and intentional misinformation from whatever the source.

To make true fundamental change requires much more than wishful thinking or a token effort. It requires time, effort, sacrifice, and in some cases money.

So people are willing to pay that price others are not.

"Evil wins when good men do nothing."

So you took the "high road" and that got you what?

NancyM2 (California)
Posts: 249

Posted:

Jon, I couldn't agree with more. But their isn't time to send out another mailing, and we don't have the manpower to get a flyer out. ~ So it looks like the "the bad guys" win.

Enclosed in our letter introducing the candidates we included a spreadsheet outlineing the major costs (documented) from annual audited financial reports. Showing how costs for the past six years have more than doubled. Hopefully that will wake them up.

We were hoping the election could be contested if we could prove the information send out by our present board was false and misleading.

But I guess NOT.

NancyM2

JonD1
Posts: 2,350

Posted:

Nancy:

As suggested any notices could be either mailed or hand delivered.

Even if you did 1/2 th e rpoeprty and units that would be start and give you a better chance.

We have 130+ units MANY times I have walked alone through the property delivering notices to each and every unit. It had to be done.

It is not that it can't be done it is some don't have the stomach for the needed effort.

I hope your efforts are successful (if in fact the problems you detail are as described) but I have learned there are times when the only answer is giving your time, effort, and attention.

My concern if succesful what effort will these new Board members be willing to make and when will they look for the exit door when things become difficult.

Holding a position on the Board requires work, effort, and in some cases difficult decisions that might bring out the very worst in people and you have to be able to somehow handle this.

Happy Easte! Or whatever the holiday you might decide to observe.

NancyM2 (California)
Posts: 249

Posted:

Jon, again I agree with you ~ The problem is all three candidates are very professional, and well qualified. One of them works for a Mgmt co. with 17 years HOA experience. She is worried about involving her company and or her job (they are playing hard ball) All three of them have been residents for 20+ years, and have been involved with many committees, One is a past board president. All know the history of our HOA.

The present board members are fairly new to our community,(all hand picked for a vacent seat, by our ombudsman)They are not schooled in HOA activities. That's why this attorney can snow them. This attorney attends all general meetings, and it's pretty hard to cut,or fire someone when they are sitting their looking at you. She and the ombudsman have convinced the present board their job's are necessary. since the present board dosn't have much experience ~ they are scared to let them go. You can bet the attorney and ombudsman authoried the letter sent to owners. Their jobs are at stake. Ombudsman attends most "exe" meetings as well. says he has boards invitation to be their.

NancyM2

MicheleD (Kentucky)
Posts: 4,491

Posted:

As a homeowner, I would want to see the receipts for the board-created-and-mailed flyer.

Saying they paid for it "independently" and them actually paying for it "independently" are two different things.

Call me "Thomas" and show me the receipts.

It's a shame that the 3 don't feel it "professional" enough to rebutt the misinformation (we call them "lies" here).

Especially since a half-page, bulleted flyer would really be all that is needed.

Oh well. I guess they can take solace in the fact that odds are most of the homeowners threw away the board mailing before they read it, anyway, just like most do with every other mailing they get from the HOA.

Perhaps the three can spend the next year building up a "war chest" (if each tosses $20 a month into an election account, they'd have enough for a couple mailings next year).

JonD1
Posts: 2,350

Posted:

NancyM2:

Who or should I say what is this Ombudsman?
Is this a position detailed in your by-laws? Is this then an elected position?

I have not heard of this nor have I heard that this person can pick those who will fill vacant positions on the Board.

Why would you have the attorney attend all meetings other than wasting your property's money?

When people deserve to be let go it should not matter whether they are there in person or this is done long distance. Your services are no longer needed. Simple.

What amazes me the most is that these three candidates ( at least one with property management expierence) would allow this to continue. Obviously, in the facts given are accurate, there is much to be questioned and perhaps many people to replace or get rid of.

In my opinion neither the attorney nor this "ombudsman" would be deciding anything
and when possible each would be shown the door.

But they are not going to walk out on their own. They might just need some help deciding it is time for thme to leave. Your biggest problem seems to be finding someone or a group of people willing to do what is necessary whatever that might be.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Jon, there are several threads (quite old, I think you'd have to do a site search on them) where the whole "ombudsman" thing came from.

It is NOT a CC&R or by-law designated position.

The board offered this position to the guy because they felt sorry that he lost his job somewhere else (or some other excuse equally as ludicrous).

As far as what I understand, he is the only paid position and he pretty much acts as a gatekeeper for homeowners with real problems who want to get board attention. Apparently, unless you are a BOD supporter, he runs interference and you can't get issues addressed.

Anyway, these 3 really need to get organized, if they are serious about making changes, and prepare a year-long campaign that sheds light into the dark corners of this board.

The ombudsman thing is the first thing that needs to be trotted out and examined in the light of day.

It will be hard work, no doubt. But, again, if they are serious, they need to sit down and develop a strategic plan, which includes a marketing and communication plan, to get their platform out in front of the homeowners.

GordonD1 (California)
Posts: 131

Posted:

Nancy,

Michelle has given you some great advice. If the candidates want to do the right thing for the community, they should do a professional and brief rebuttal at their own cost. Taking the high road and not fighting for a board position will allow the present board members to get away with bad behavior.

When I ran for a board position, I decided to introduced myself with the homeowners in person. I knocked on doors and spoke with people. It was well worth it as I received more votes than has been received in the past. I am proud to say I am a board member who cares about the community and believes in doing things the right way.

Sincerely,

Gordon

JonD1
Posts: 2,350

Posted:

MicheleD:

You've got to be kidding. For this, this clown gets paid! With property money?

OMG!

These three AND the other property owners SHOULD be organized! Sounds like none of their problems have gotten serious enough for them to put a real effort forward.

Still thinking about doing something some day. Lots of those folks around nowadays. Just not this time around.

I worked for 14 years and then in one election the President (for 20+ years) the VP ( for 20+ years) and their useless sidekick the Treasurer ALL were voted out
( I worked quietly behind the scenes and they never saw it coming until it was over) and then the MC was told face to face they were no longer needed. Don't let the door hit you in the ____ on your way out.

The MC took us to court and we won!

Distributing flyers to inform the property owners is NOT a major effort if you have any serious interest of changing things.

Where there is a will there is a way but it all comes down to doing what needs to be done.

For the last 8-9 years in each year's election I have as you suggested had a well thought out PLAN ( for some a word or concept they can't comprehend) and with this plan with 3 or more positions open each year I have been able to influence the outcome each year. We have not lost one election, not one vote has gone against us in our efforts to do what is right for this property.

If you give folks the honest truth they will get it. Although it might require hitting them in the side of the head with a big stick on occasion!

Everyone sits on their hands and does nothing and the same old system continues...

As probably your most valuable asset your property deserves much more effort.

Few are willing to do so.

DwightT (Idaho)
Posts: 664

Posted:

Quote:

Posted By JonD1 on 04/12/2009 7:12 AM

"Evil wins when good men do nothing."

Ok, minor nitpick here, but this was a complete mangle of one of my favorite quotes by English philosopher Edmund Burke.

The proper phrase is:
All that is necessary for the triumph of evil is that good men do nothing.

You may now return to your regular discussion.

NancyM2 (California)
Posts: 249

Posted:

Dear HOATalk friends

Yes, Yes,and Yes ~ I agree something should and need's be done. I have been fighting this fight for years. Now with the recent raise in dues, and three positions open this election ~ coupled with the fact we had three very qualified people to put on the slate. I thought we had a chance.

Every since that letter came out, it turns out those three candidates don't have the "gonads" for the fight. (I do) However my problem is I landed in the hospital a few weeks ago, for six days. Stress related shingels in my left eye (very painfull) Now I'm restricted to home, with vision problems. Not much I can do except the mailings etc. But since those three are the candidates, the ball is in their court. I am just their humble servant.

If by some miracle if we win those three seats (even one) I will be the first one to announce it on HOATalk, in large letters ~~~ Thanks for all your support, and help. I would have been lost without you.

Sincerely
NancyM2

MicheleD (Kentucky)
Posts: 4,491

Posted:

Good luck to you, Nancy.

And please, don't give up.

Start right now planning for how to communicate these next 12 months until next year's election.

Don't wait till a few months before the election.

Seriously. Sit down with these people (or find other concerned homeowners) and make a list of priority communications. Then make a time line on how and when you will release those communications through the community.

Repetition is key.

Even if you say the same thing over and over in several communiques, it makes a difference.

JonD1
Posts: 2,350

Posted:

Nancy:

First I am sorry to hear about your medical problems and I wish for you a most speedy recovery. You might want to consider the role any additionl stress brought on by these Board issues and the implications for your wellbeing.

I too wish you luck both with the elections and in the event you are successful with the new Board members.

This type of work if successful leads to many difficult decisions and changes the most important being finding replacements for those no longer serving your property. new attorney, MC and any other contractors perhaps associated with the former ruling group. You need to find good people willing to do their jobs. The time to start looking for them is now. People to vote, people to serve on the Board, people to help with the elections.

Michelle offered you some good advice elections are won over time not in the few weeks or days before the election. I would approach this in a simple manner, follow the election results to determine who recieved how many votes and this gives you some idea of how many votes your candidates will need in the future.

I would suspect the largest group of owners who might possibily help you would be those who don't bother to vote. Start with them.

Work to obtain the support of enough voters to elect your candidates then and only then do you have a chance to affect change.

Nancy good luck with everything.

Please let us know how you make out.

First and most importantly take care of yourself and your health nothing is more important.

Best Wishes..............

Dear HOATalk friends

Yes, Yes,and Yes ~ I agree something should and need's be done. I have been fighting this fight for years. Now with the recent raise in dues, and three positions open this election ~ coupled with the fact we had three very qualified people to put on the slate. I thought we had a chance.

Every since that letter came out, it turns out those three candidates don't have the "gonads" for the fight. (I do) However my problem is I landed in the hospital a few weeks ago, for six days. Stress related shingels in my left eye (very painfull) Now I'm restricted to home, with vision problems. Not much I can do except the mailings etc. But since those three are the candidates, the ball is in their court. I am just their humble servant.

If by some miracle if we win those three seats (even one) I will be the first one to announce it on HOATalk, in large letters ~~~ Thanks for all your support, and help. I would have been lost without you.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Ditto, Jon, on her taking care of her health.

Don't mess around with the health, especially when it involves the eyesight.

Also, remember the power of the grapevine!

Many communication programs forget about using the power of the grapevine!

The grapevine exists, and it's a wonderful "tool" if used correctly.

Feed it. Regularly.

Find the opinion leaders in the community. HINT: These will likely not be the board or their cronies.

We all know the grapevine feeders in our community, or we can at least find them pretty quickly if we get out there and mingle informally.

So when you are preparing your formal communications and flyers, enlist the "help" of some of these "opinion leaders." Invite them over for tea. Help them plant their spring bulbs. Mall-walk with them. And while you're at it, drop a few comments about the positive things you and your group want to do for the community. But make sure to let them talk, too. Get their feedback on things.

They will carry your message deep into the hive!

Trust me! It works!

NancyM2 (California)
Posts: 249

Posted:

Attn: all HOATalk friends

THIS LETTER WE BE SENT OUT ASAP (I don't care what the others say

Dear Homeowners and Neighbors,
Since my name was mentioned several times in the letter sent you by our board of directors ~ Perhaps I should introduce myself. I am Nancy ##### I have lined in the (Blank) 26 years and have been involved with many HOA activities throughout those 26 years. I have served on the grounds and Financial committiees. I served as Treasurer on the board of directors in 2003. Since that time I have kept a watchful eye on our finances. Requesting financial reports from time to time. I regularly attend board meetings

For the past several years I have been aware of what I consider excessive spending. I have tried to bring this to the boards attention, only to invoke their anger. Henc, I am not well recieved.

Recently I served on the financial 2009 budget committee. I made several reccomendations to that committee for reducing our costs and avoiding a dues increase, even a dues reduction. The board choose not to consider these recomendations. Therefore I asked that my name not be put in the newsletter in connection with the approved 2009 budget(I have a copy of that e-mail)

When I recieved the letter sent out from the board of directors I was appalled at the many self serving exaggerations, and outright false statements.

Several of those false statements were directed to the "experienced", and well qualified candidates that I have reccomended, and still support. Those three candidates choose not to engage in dirty electioneering, therefore they will remain silent. I respect their decision.

My personal agenda is and has always been to bring financial stability to our community, especally in todays economy.

Enclosed is a (documented) speradshhet for your review, of our administrative costs for the past six years. They have more than doubled in that period of time. Can we afford another six years of the same?

No matter what the outcome of this election, I will remain dedicated to the betterment of our community.

I am available to contact with any questions

Sincerely,
Nancy #####
(e-mail address here)

(hope this does some good ~it's all i can do at this point.)

NancyM2

MicheleD (Kentucky)
Posts: 4,491

Posted:

It's a very good start, but might I recommend some edits?

Just to minimize some of the more emotional trigger words or phrases.

My suggestions below.

Your opening is fine, with a few typo corrections:

" Dear Homeowners and Neighbors,
Since my name was mentioned several times in the letter sent you by our board of directors ~ Perhaps I should introduce myself. I am Nancy ##### I have lived in the (Blank) 26 years and have been involved with many HOA activities throughout those 26 years. I have served on the grounds and Financial committees. I served as Treasurer on the board of directors in 2003. Since that time I have kept a watchful eye on our finances. Requesting financial reports from time to time. I regularly attend board meetings."

Here is what I might suggest for next, replacing the entire next paragraph:

"For the past several years I have become aware of escalated, and possibly wasteful, spending. In my attempt to bring these issues to the board, I may have inadvertently put them on the defensive and my alerts appear to have not been well received."

You don't need to state that you invoked their anger, and by placing their resistance on your alert efforts instead of on you personally, you minimize the "personal" attack stance.

*recommendations is misspelled differently in the next paragraph. "Chose" misspelled.

" Recently I served on the financial 2009 budget committee. I made several recommendations to that committee for reducing our costs and avoiding a dues increase, even a dues reduction. The board chose not to consider these recommendations. Therefore I asked that my name not be put in the newsletter in connection with the approved 2009 budget(I have a copy of that e-mail)"

Replace the next paragraphs with these containing fewer emotionally charged words and positively reinforcing your supported candidates.

"When I received the recent letter sent out by the board regarding the slate of candidates that I support for the upcoming election, I was surprised to see that the letter contained what I consider misinformation, inappropriate content, and factual errors.

The three candidates targeted in the mailing chose to take a high road and not engage with this type of campaigning. I respect their decision. I do, however, feel it important for my fellow homeowners to be aware that each of these people is a strong candidate and all of them have both the utmost integrity and a strong work ethic.

Regarding my own personal goals, I have none with this exception: I do now and have always supported bringing financial stability to our community. That focus is even more critical given today's economy."

Then the rest of your letter is perfect, with the exception of the one typo - shreadsheet.

" Enclosed is a (documented) speradshhet for your review, of our administrative costs for the past six years. They have more than doubled in that period of time. Can we afford another six years of the same?

No matter what the outcome of this election, I will remain dedicated to the betterment of our community.

I am available to contact with any questions

Sincerely,
Nancy #####
(e-mail address here) "

NancyM2 (California)
Posts: 249

Posted:

Dear Michele,
Thank you so much for your edits, and advice, ~~~~~~I will use them

Usually I am known for a stright to the point person, sometimes that gets me in trouble. So thanks for softening that up a bit. Also I am known to not spell too good, I had planned on my neice editing that part of it before it was sent out. In fact I have often kidded about the fact that I needed to misspell a few words, or the board would not believe it came from me.

NancyM2

NancyM2 (California)
Posts: 249

Posted:

Dear Michele and Group,

My mailing went out last night with all the recommended edits, thank you for your help. Our problem now is proxy's are being distributed door to door, organized by the ombudsman, and walked around by his few friends. (they have covered most of our community)

Since we have a non-revokable ballot, these proxy's are only valid if you have not voted your ballot. I don't think they are informing the owners of that. ~ So this could cause a real problem for the election company that is handling us.

Usually any push for proxy's come the last week before the election if they feel their arn't enough ballots for a quorum. These proxy's are being walked around by the ombudsman group just one week after the ballots were mailed out. "very unusual" but also very smart.

Most owners don't want to take the time to study up on candidates to make an informed decision, therefore they put their ballots aside, never to be turned in.

When approached at the door, it is so easy to just sign a proxy and feel you have done your part in the election. I know this as I have collected proxy's door to door before. Most owners don't even fill them out, they just sign them.

The proxy's holders name is left blank, so the ombudsman could, and would insert his name in that spot. (he is also a homeowner) then he would vote all these proxys for the present board, as they are the ones that protect his job.

Also ~ whats to prevent him from "trash canning" any proxy's filled out voting for the new candidates. "Yes" he would do this as his high salary is depending on this election. All the proxy's that are being collected will be turned into him before they arrive at the election company handling us.

Looks like we don't have a chance, they are smarter, and more devious than we are.

NancyM2

KevinK7 (Florida)
Posts: 1,343

Posted:

I am not familiar with California law or their regulatory bodies, but is it possible, if one exists, to notify them of the Board's practices, supplying them with the misleading letter?

Here is a thought:

The Board said they paid for the letter independently from HOA funds. Because they claim they did not use HOA funds, then you could argue that they mailed this letter as a homeowner and not in the capacity of a Board Member.

Because of that difference, as far as I understand, it would be possible to hold the individual Board Members liable for their actions, and the HOA would not be able to use their funds to legally defend them.

If the Board were to use HOA funds for their defense, then it would be another example of their abuses using HOA assets for personal gain.

JonD1
Posts: 2,350

Posted:

Nancy:

To be brief it is clear the ombudsman is doing whatever necessary to protect and perserve HIS best interests.

On the other hand the property owners, along with those 3 potential candidates you had are at this point unwilling or unable to match this effort.

As I have suggested in order to clean house YOU need to work as hard and in most cases HARDER than those protecting the status quo.

This group will not simply wander off.

The ombudsman has a plan that works your side has no such plan.

When will the owners wake up????? Never is a possibility...

NancyM2 (California)
Posts: 249

Posted:

Kevin,

Here in California we have the "Davis Sterling" (sunshine act/law) I'm not aware of any regulatory bodies connected with them. Perhaps someone here in Calif could enlighten me. It would be wonderful if we had such a organization. Beleive me, with all the things our present board gets by with it would be wonderful if we had some regulation's

I have talked to many neighboring communities (and HOATalk supporters) They all are amazed at what our board gets by with. Read my other threads, you won't believe it.

NancyM2

KevinK7 (Florida)
Posts: 1,343

Posted:

If you have the money, I would consider contacting an attorney to possibly address the issue of bringing a lawsuit against the individuals serving on the board that paid and signed for this misleading letter for libel.

Maybe if presented with a lawsuit, the board members would ease up and your candidates would have a chance... and how could the board defend themselves. They either admit they wrote false information individually (or blame the other guy), they claim they did so as the Board, or they claim innocence (but with your supporting information, I doubt that would help them).

I was reading a bit on a Davis Sterling Website. A couple things I thought sounded like they relate:

A rogue director's behavior may create potential liability for the association and fellow directors. If the board sits idly by and allows a misbehaving director to go unchecked, it could be viewed as an endorsement of the misbehavior.

And this:

Qualified Privilege. Officers, directors and managing agents are generally protected against liability for defamation when they may publish information to the membership about the association's finances, delinquencies, rules violations, etc., even if the information is inaccurate, if the publication was done without malice and the publication was to persons who have an interest in the communication, i.e., the membership. Civil Code §47

I just realized that the site I was viewing was by a law firm, and just downloaded the Davis-Stirling act... should be an interesting read today!

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