Can I take action against my HOA president for defamation and harassment?
Without the details I asked for, here’s a general answer: Defamation requires a false and defamatory statement about you, published to a third party, causing harm (reputation loss, lost opportunities, etc.). You must prove falsity, that it’s defamatory, and damages. Truth and opinion are defenses. These cases can be difficult. Consider sending a cease-and-desist letter (a “stop it now” letter).
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Official Cease and Desist Letter
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Spoke to you recently on the general page. I feel it’s not slander—I can’t prove any slander—but the HOA president wrote a statement on our community website. Because he wasn’t upfront about a recent lawsuit, people I’ve never met are now haters, saying we’re harassing people (false). We only say “hi” to folks. I was told we’re not welcome in a resident-led “Community group,” and I got a Messenger note saying we’re not welcome to help with small improvements. During litigation we couldn’t correct rumors, so it stuck in people’s minds.
Lexi, Chatbot
I’m sorry to hear this. Can you provide more details about the statement written on the community website?
What’s the difference?
Lexi, Chatbot
Have you consulted a lawyer about the lawsuit and false statements?
Yes—he said it’s not worth it. He won’t even write a simple cease letter; said it wouldn’t be worth it financially. I wanted another opinion. Unbelievable!
Lexi, Chatbot
Anything else the lawyer should know?
No. He told me if I was illegally fined to go to court and speak to a judge. The president tried to fine me for my trash can that sits behind a low wall and can’t be seen from the street. He sent someone to a neighbor’s driveway to take a photo from their property. My trash can has never been a problem in 4 years. Taking a picture from a neighbor’s driveway—not the street—is wrong behavior and harassment (my opinion). Do you still need me to type the statement he put on the virtual board?
Legal Eagle
I’m happy to help. Have there been previous incidents with the HOA or community members about your trash can or other issues?
Did you see what I posted above?
Legal Eagle
Without the details I asked for, here’s a general answer: Defamation requires a false and defamatory statement about you, published to a third party, causing harm (reputation loss, lost opportunities, etc.). You must prove falsity, that it’s defamatory, and damages. Truth and opinion are defenses. These cases can be difficult. Consider sending a cease-and-desist letter (a “stop it now” letter).
Legal Eagle
Following up—hope this helped. If you need more, let me know so I can assist further.
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Answered 3 weeks ago
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