QUESTION

Our HOA is holding a reall of a BOD member. He is cliaming his emails cannot be used as evidence of his behavior.

Asked on Jul 27th, 2017 on Libel, Slander and Defamation - Florida
More details to this question:
He has consistently used emails to bully, insult, and lie about various residents and BOD members for several years. It has gotten to the point where the BOD is asking for his recall, which requires a percentage of of our HOs. He is being actively sued by our CAM because of his behavior and comments toward her, including racial comments, accusations of improper behavior between she and one of our contractors, and accusations of mishandling of finances. He has also exhibited this behavior toward many committee members, BOD members, and anyone who questions his opinion or way of thinking. He has written emails, letters and FB posts demanding that the BOD not consider certain residents as volunteers, not consider their opinions, etc. Many residents & BOD members have saved these emails & want to use them to show the community the reason for the recall vote. He is claiming they cannot be used.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Unless you are n the BOD, why do you care about the details of what the bad board member can or cannot do or what "evidence" can be considered in a recal proceeding? If you ARE on the board, then this question can only be answered by the lawyer representing the board and familiar with the procedural requirements for a recall. 
Answered on Jul 31st, 2017 at 8:58 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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