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| Saturday, October 11, 2008
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| Author |
Messages |
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MjO
(utah)
Posts:10
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| 07/18/2008 5:46 AM |
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Where is the line between taking the High Road approach and defending oneself against Slanderous accusations?
I think many on this HOATalk.com have experienced a similar scenerio which is the reason for my questions. What would you do if you were board member AAA?
SCENERIO: Board member X (BMx) makes harassment-type comments during board mtgs towards board members; BMx yells at community managers and causes disruption in board mtgs; BMx refuses to resign; The other board members complain to BMx and request BMx behavior cease...but BMx behavior continues to escalate passed any boundaries of board policies of "Conduct of Meetings" and general Roberts Rule of Order. The board failed to remove BMx because of an overall misconduct of how the vote was taken and some board members did not want to be involved with interpersonal issues.
BMx falsely accuses another board member (AAA) of harassment and racial overtones, which should be handled in the civil court system. BMx does not run for another term, but makes an unsubstantiated "slanderous" statement against board member AAA, who is running for another term, just prior to the Homeowners casting their votes.
Q: If you were board member AAA and were falsely accused and harassed while trying to take the "high road" and still lost the election,
what would you do? a) move out of the HOA
b) sue BMx for slander
c) sue the HOA for violation of meeting conduct / protocol
d) do nothing / let homeowners be misled
e) other?
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BradP
(Kansas)
Posts:1742
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| 07/18/2008 6:25 AM |
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MjO
Depends, in order to sue for slander you have to show damages. My question would be what damages did this person suffer as a result of the remarks, did they lose a job, did something else happen? It would also depend on what was said and the frequency of it.
I wouldn't move...and I would probably do e), which is if I am being harassed I will ask the local police department to take a report and ask what my options are...I wouldn't worry about what trash was being hurled from this guys mouth because if his behavior is as you describe he is not a character that anyone with any integrity should believe.
It doesn't seem right that he can hurl his trash, but unless you suffer real damages suing isn't a good option. |
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DeborahW1
(Michigan)
Posts:9
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| 07/18/2008 8:11 AM |
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| I would also look at your bylaws and rules and regulations, there should be something in them about removing that board member or at least censuring them. |
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KirkW1
(Texas)
Posts:917
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| 07/18/2008 8:22 AM |
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I would also choose option E. I would write to any board member who failed to stand up and speak out against untruth. I would let Them know that I pray the regrow a spine.
I would also collect proxies and work To remove:
Those who hid behind the excuse of not wanting to get involved in personal matters.
Any who failed to stand up in the annual meeting and repudiate the lies.
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JohnK3
(Pennsylvania)
Posts:317
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| 07/18/2008 8:53 AM |
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| Slander comes in a few flavors. What exactly was said? |
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| You are not authorized to post a reply. |
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