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Defamation in an HOA community newsletter

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olivav

Junior Member
What is the name of your state (only U.S. law)? Florida

A board member, who also writes the community newsletter wrote that proxies turned in by an owner were deemed invalid and fraudulent, damaging her reputation. This letter was sent to 155 owners and we have yet to have received a clear explanation for this accusation.
I am also a board member and am helping the owner whose reputation has been tarnished. She's in her 80's and has been a long time trusted member of this community.
We have the newsletter, statements from the owners who trusted her with their proxies, email responses from the author of the newsletter along with email responses from the other board members who allowed the letter to be published.
We would like to have the author write a retraction and an apology, but he refuses.
Please help.
 


olivav

Junior Member
Would you like one of us to ask the author to say sorry?
As I stated, i would like to have the author write a retraction and apology in the next newsletter and then hopefully that will be grounds to have him removed as the newsletter writer and board member.
 

Silverplum

Senior Member
As I stated, i would like to have the author write a retraction and apology in the next newsletter and then hopefully that will be grounds to have him removed as the newsletter writer and board member.
You could take all of your materials to a local attorney who specializes in defamation cases, sue the author for an apology. It will take time and money.
 

Zigner

Senior Member, Non-Attorney
You could take all of your materials to a local attorney who specializes in defamation cases, sue the author for an apology. It will take time and money.
A LONG time and a LOT of money. Furthermore, it may well be the OP's money (as a resident) that will be defending any such suit. The OP should also keep in mind that s/he has no standing in this matter.
 

olivav

Junior Member
She doesn't have the money for a lengthy lawsuit. What we would like is a letter from an attorney stating that what he did was wrong according to FL law. Is that possible?
 

Zigner

Senior Member, Non-Attorney
She doesn't have the money for a lengthy lawsuit. What we would like is a letter from an attorney stating that what he did was wrong according to FL law. Is that possible?
It is possible to have an attorney write a letter expressing his/her opinion on the matter and requesting that some sort of apology be made. It should only cost from $100 to $500 (as a guess). The board member can then use the paper to line his bird cage with, if he so desires.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

A board member, who also writes the community newsletter wrote that proxies turned in by an owner were deemed invalid and fraudulent, damaging her reputation. This letter was sent to 155 owners and we have yet to have received a clear explanation for this accusation.
I am also a board member and am helping the owner whose reputation has been tarnished. She's in her 80's and has been a long time trusted member of this community.
We have the newsletter, statements from the owners who trusted her with their proxies, email responses from the author of the newsletter along with email responses from the other board members who allowed the letter to be published.
We would like to have the author write a retraction and an apology, but he refuses.
Please help.
The woman who you say was defamed by the comments made in the newsletter - are you sure she did not turn in invalid and fraudulent proxies? If what was written by the board member is TRUE, then there was no defamation.

If the 80-year-old has proof that what was written was false and that her reputation has been severely damaged as a result of what was written (proof that people believed what was written and have shunned her or ridiculed her or caused her an economic loss of some kind or whatever), then the woman is in a good position to sue the writer of the falsehoods and potentially (but not positively) win the suit.

A letter drafted by an attorney in her area, demanding the board member retract any falsehoods and a publicly apologize, could also result in satisfaction enough that a lawsuit would not be necessary.

You, however, can do little other than transport the woman to an attorney's office in your area, if transportation is required or desired, and you could give her money enough to pay for her consultation with the attorney, who can personally review the facts and let her know if she has a good reason to pursue the matter. You can also support the woman in your community. I strongly recommend you are sure of all of the facts before proceeding, however. You will want to be sure in advance that the woman did not, in fact, submit invalid and fraudulent proxies. I also recommend that you are very careful with your support of the woman, so that you do not wind up defaming the board member in your defense of her.
 
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