What is the name of your state (only U.S. law)? California
We have a nasty ex-wife of a former President, who has filed a lawsuit, engaged in libel, and much more....all because she couldn't remain in charge of a community event (due to over-spending, and refusal to report to the committee chair because of a personal conflict. Sound like a nightmare? She is.
She engaged in fear-mongering with the help of her friends, telling people we were going to raise dues from $40/year to $150/month. Most folks did not follow up to see if that was true. These people then attempted a poorly executed, unwarranted recall of the BOD. They also carried a letter to our bank, stating they were the rightful officers of the Association, and the bank removed our names from our account, though a judge had told them he would not rule on the issue until a court date later in the month. Mediation, and subsequent binding arbitration, confirmed all we had been saying: The recall board was not valid, the recall election was not valid (improperly noticed, and more) and we had the authority to enforce the DRs. The cost to defend was $115k, and all but $2k was paid by insurance.
Now I hear this malicious individual is soliciting our members to start her own "benevolent" association, trying to lure them away. She has polled our membership database, probably to misuse the member contact information again. She has a handful of "friends" who hang on her every word, and I'd like a way to ensure these folks are not eligible for membership in our voluntary association, as it is a competing association and these individuals have shown malicious intent toward the association.
What legal steps would you recommend we take to protect the association (and its 1,500 members) from a nasty handful of members - who pay dues, but are not "in good standing" by any measure other than dues payments?
We have a nasty ex-wife of a former President, who has filed a lawsuit, engaged in libel, and much more....all because she couldn't remain in charge of a community event (due to over-spending, and refusal to report to the committee chair because of a personal conflict. Sound like a nightmare? She is.
She engaged in fear-mongering with the help of her friends, telling people we were going to raise dues from $40/year to $150/month. Most folks did not follow up to see if that was true. These people then attempted a poorly executed, unwarranted recall of the BOD. They also carried a letter to our bank, stating they were the rightful officers of the Association, and the bank removed our names from our account, though a judge had told them he would not rule on the issue until a court date later in the month. Mediation, and subsequent binding arbitration, confirmed all we had been saying: The recall board was not valid, the recall election was not valid (improperly noticed, and more) and we had the authority to enforce the DRs. The cost to defend was $115k, and all but $2k was paid by insurance.
Now I hear this malicious individual is soliciting our members to start her own "benevolent" association, trying to lure them away. She has polled our membership database, probably to misuse the member contact information again. She has a handful of "friends" who hang on her every word, and I'd like a way to ensure these folks are not eligible for membership in our voluntary association, as it is a competing association and these individuals have shown malicious intent toward the association.
What legal steps would you recommend we take to protect the association (and its 1,500 members) from a nasty handful of members - who pay dues, but are not "in good standing" by any measure other than dues payments?