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DavidA7 (California)
Posts: 179
Posted:
Recently our Association was sued in small claims and was loosing the case and agreed to settle. Prior to the settlement, during the discovery phase where documents are shown to each party, the HOA through its proxy at the small claims hearing produced letters from every single homeowner on the property that said very negative things about the homeowner who was suing. The documents where never presented to the Court due to the Assocation agreeing to settle. The documents were procured by the President of the Assocation acting on his own accord in contacting each homeonwer to write the letters. The President even contacted former owners who no longer own property in the complex. No action or meeting was conducted by the Board to grant approval to the President to approach each homeowner to write these letters. Regardless if the content in the letters were truthful or self-serving due to the lawsuit does a director of an HOA have the right to solicit other homeowners for malicious letters against a homeowner who is filing a lawsuit against the HOA?

thanks
SusanW1 (Michigan)
Posts: 5,202
Posted:
The letters "evidence" was probably irrelevant.

They apparently had no bearing on the outcome of the case and had no power of persuasion.

Just the facts, ma'am
DanielH1 (California)
Posts: 482
Posted:
He can solicit the letters although it isn't a right per se.

If the Board never authorized him, he did it as an individual, not as a Director, and the HOA should say that if they are sued.

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