QUESTION
I am looking for a consultation to find outw hat I can do about the situation I will describe below.
Asked on Jan 24th, 2025 on Libel, Slander and Defamation - Florida
More details to this question:
This past Saturday, January 18th, a newly appointed director decided to allow the group of about seven people that has been attacking my wife and me on Facebook for the past year to run the meeting. They spent an hour and a half making more false accusations and accusing us of stealing a hundred dollars from the HOA. During the meeting, this new director threatened to have me removed for protesting the way we were being treated. I respectfully explained that what was happening was not permissible under our HOA rules, as personal attacks are not allowed at HOA meetings. Despite this, he continued to threaten me while standing over me in an intimidating manner. It felt like a kangaroo court; my wife and I were put on trial and publicly convicted by this director and a group of hostile actors during the meeting. What can I do to regain my reputation? We feel unsafe in our little community because of this director's actions. Do I have a case for character assassination or defamation?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
There is no way to assess this absent hiring a lawyer to review the details. That stated, HOA boards are essentially political organizations and typically carry a higher standard for "defamation" of "actual malice." There are also privilege issues associated with discussions within the board about the activities of other members or improprieties claimed. As to reputation issues, these revolve around the actual statements made, to whom and how. By example, its possible that the facebook comments may be a problem for the offending board members if they are made outside of official channels, etc. You will likely need to retain a lawyer to review these issues and possibly start with a cease and desist demand, possibly board sanctions if the rules were violated, or litigation if the case circumstances support same.
Answered on Feb 03rd, 2025 at 10:20 AM
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