Sticks and Stones: Boards Need to Think Twice Before Filing A Defamation Claim

Discussions of controversial and even not so controversial community association issues are not always models of civility and reasoned political discourse. In this respect, the decision-making process in many homeowner associations does not differ much from what passes for intelligent debate in the halls of Congress today.  Insults, name-calling, and allegations of evil intent are not uncommon forms of expression for owners expressing their dissatisfaction with board policies and the board members who adopt them. These verbal assaults can be sharp-edged, inaccurate, and intensely personal. But are they also defamatory?

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Community E-ssentials, November 2006