HOAleader.com - Tip of the Week - August 28, 2009
Published: Fri, 08/28/09
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Your HOA Board Has Been Defamed; Should You Sue?
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For this week's tip we spoke to Robert Galvin, a partner at
Davis, Malm & D'Agostine PC in Boston who specializes in
representing condos and co-ops.
What should your board do if you are dealing with angry
homeowners whom you think cross the line into defamatory
comments? Can you prove libel or slander? Should you sue?
"My advice to a condo or homeowners association would be not to
file litigation," Robert told us. "If you get to the stage where
you're contemplating a defamation claim against a unit owner,
that means there's a very troubled relationship and bad
communication between the board and unit owners."
Working to improve communication is more effective than
litigation. "If the association is being transparent--it should
have monthly meetings at which unit owners are invited to
observe the meeting and participate in an open comment period at
the end--and there are open lines of communication, these sorts
of difficulties aren't likely to happen," says Robert. "A board
can go into executive session if it has to, but other than in
that instance, meetings should be open, and there should be
free-flowing communication. If you really try to have open
communication, these issues should not come up."
If owners still make outrageous comments, address them directly
and openly. According to Robert, "In a well-managed association,
the board will address the comments in a way that explains why it
made a certain decision so that people will realize the unit
owners' criticism isn't appropriate."
Get more information and best practices for HOA and condo boards
responding to possibly defamatory remarks from owners, in our
new article: http://www.hoaleader.com/members/328.cfm
Best regards,
Matt Humphrey
President
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