HOAleader.com - Tip of the Week - September 7, 2018
Published: Fri, 09/07/18
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Tired Of Being Attacked as a Board Member? How One Board Fought Back
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In this week’s tip, we give you a heads up on a case with an issue that many boards complain about: “This owner is slandering us; can we respond?”
The case is Kulick v. Leisure Village Assn., and let’s state up front that it’s an unpublished opinion. That means the court says this case shouldn’t be relied on as precedent for future litigation. But it’s still instructive.
Here’s what happened. Robert Kulick is a homeowner in the senior-only HOA Leisure Village, and he published a newsletter that he sent to fellow residents; only once did Kulick use his real name to publish the newsletter, instead using an alias all other times.
As you might expect with an anonymous newsletter, the publication was critical of the HOA’s board. The court specifically noted that it insulted individual board members and accused them and the HOA’s attorneys of unlawful activities and “hate mongering.”
The HOA’s rules specifically prohibit the dissemination of anonymous publications.
In November 2013, the HOA sued Kulick for breaches of the CC&Rs, intentionally interfering with the HOA’s contractual relationship with its insurers and creating a nuisance. It won and was awarded $129,643.80 in damages, which included punitive damages. Kulick appealed but lost.
Kulick published another newsletter, attacking the board over the ongoing litigation and asserting that board members or the HOA’s general manager had committed perjury, extortion, obstruction of justice, racketeering, and lying and cheating. He also said the board election was rigged.
The association’s attorneys wrote a letter answering Kulick’s accusations; it also invited homeowners to review the documents filed in the case. The letter called Kulick’s newsletter a “reckless communication” that contained “unfounded, inaccurate and spiteful allegations.” The HOA sent the HOA lawyer’s letter to all members.
It’s no surprise that Kulick sued, alleging defamation. The HOA defended itself saying its actions were protected under California’s anti-SLAPP laws, and the court held in the HOA’s favor.
Find out more about anti-SLAPP laws and get more information on what to consider when deciding whether your board should sue an owner spreading falsehoods in our new article: https://www.hoaleader.com/members/3786.cfm
Best regards,
Matt Humphrey
President
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Special Report Download -- BRAND-NEW!
Board Member's Guide to Managing the Most Challenging People Issues at Your HOA or Condo
Surely you've heard this mantra spoken by HOA insiders: The biggest challenges boards face are "the 3 Ps," which stand for Parking, Pets, and People. Here, our editorial team has tapped into the expertise of legal and management experts nationwide to provide you with information on best practices for handling the most difficult people challenges in your community.
Members can download the report now:
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Not a member yet? Sign up for a free 7-day trial and download your copy now!
https://www.hoaleader.com/details.cfm
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Recent articles posted at HOAleader.com:
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Tired Of Being Attacked as a Board Member? How One Board Fought Back
In this week's tip, we give you a heads up on a case with an issue that many boards complain about: "This owner is slandering us; can we respond?" The case is Kulick v. Leisure Village Assn., and let's state up front that it's an unpublished opinion. That means the court says this case shouldn't be relied on as precedent for future litigation. But it's still instructive.
Click here to read full article:
https://www.hoaleader.com/public/Tired-Being-Attacked-as-Board-Member-How-One-Board-Fought-Back.cfm
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Court Upholds Association's Right to Dispute Homeowner's Newsletter Attacks
A California appellate court has backed an association's efforts to defend itself against a homeowner's claims that the board election was rigged and that the board was acting improperly.
Click here to read full article:
https://www.hoaleader.com/members/Court-Upholds-Associations-Right-Dispute-Homeowners-Newsletter-Attacks.cfm
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You're Really Fighting Over This? Owner Refuses to Pay $176 for a Smoke Detector
In this week's tip, we address a tale that will probably sound familiar: You had to do something; owners are supposed to have reimbursed the association for doing that thing. An owner refuses, giving a bogus excuse.
Click here to read full article:
https://www.hoaleader.com/public/Youre-Really-Fighting-Over-This-Owner-Refuses-Pay-176-for-Smoke-Detector.cfm
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Condo Owner Refuses to Pay for New Smoke Detector: Lien Her?
An HOAleader.com reader asks, Maryland state passed a law that all smoke detectors more than 10 years old had to be replaced. The board of directors researched and got bids for replacements. Owners were notified by email explaining price and schedule and billing procedure and asked to respond if questions.
Click here to read full article:
https://www.hoaleader.com/members/Condo-Owner-Refuses-Pay-for-New-Smoke-Detector-Lien-Her.cfm
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HOA Reserves and Other Funding Options: Tips to Be a Smart HOA Money Manager
Join us for an in-depth webinar on September 27 led by three community association experts--one a manager, one a lawyer, and one a reserves analyst. They'll explain what you need to know about HOA reserves and other funding mechanisms.
Click here to read full article:
https://www.hoaleader.com/products/smart-hoa-money-manager-tips-a.cfm
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