|
SLANDER/LIBEL = SLAPP SUIT
By
Jan Bergemann
Published
April 5, 2013
I
really have to laugh sometimes when I read the so-called
slander/libel lawsuits filed by association attorneys on behalf
of board members. What they call libel/slander is nothing more
than an often not even aggressive worded opinion criticizing the
actions of board members. If a private website is involved these
attorneys even throw in “trademark infringement”.
Since
these attorneys have supposedly passed the BAR exam they should
know full well that all these claims will not stick. But that is
actually not the reason these lawsuits are being filed. In
reality these lawsuits are nothing else but SLAPP (Strategic
Lawsuits Against Public Participation) suits, aimed at
shutting up the owners who dared to voice opposition to the
board members, or sometimes just the board president only.
Throwing
in the claim of trademark infringement is just more nonsense,
dreamed up by attorneys who know full well that they don’t
really have a leg to stand on. But the idea behind these
lawsuits is not to really win the law suit and get a judgment
against the defendant, the idea is to force the defendant to
spend lots of money for the legal defense of these lawsuits –
money these defendants often don’t have. Board members and
their attorneys count on the fact that lots of filed motions and
depositions will cost the defendant much more than he/she can
afford, forcing the defendant to waive the white flag as a sign
of surrender. We have seen cases where the attorney for the
board wanted to depose all the neighbors who had dared to post a
comment on the private website of the dissident.
Claiming
“trademark infringement” is even more nonsense. Imagine we
talk about the Seashore Homeowners’ Association and the owner
under fire dared to call his website “seashoreowners.com” In
all honesty, how can that be a trademark infringement? Or did
this attorney file suit against all the companies who use the
word “SEASHORE” in their name?
To
anybody looking at these lawsuits it is abundantly clear that
these lawsuits are filed under the old motto: “The more
“shit” (sorry!) you throw against the wall, the more you can
hope will stick!”
We
have over the years seen many of these frivolous lawsuits being
dismissed by the plaintiffs shortly before they reached the
court room for trial. At that time board members and their
attorney had already reached their actual goal: Forcing the
owner to spend lots of money for his/her legal defense without a
chance to recover these cost without filing a new lawsuit.
Remarks made by board members after the dismissal of cases like
this to other owners made it very clear: The lawsuits served as
well as a warning to other owners to shut up, or lose as well
lots of money trying to defend such a lawsuit.
In
my opinion these lawsuits are a clear abuse of power and a total
waste of good association money. Make no mistake: Board members
wouldn’t even consider filing these lawsuits if they would
have to pay for it themselves. But since they can use
association funds, their attitude clearly is: Who cares?
The
claim that these dissidents damage the good reputation of the
association and destroy property values by making existing
problems public is plainly ridiculous.
The
truth: Property values are destroyed by dubious actions of the
board members, not by the folks that make them public! Or do you
want to blame the newspapers criticizing the wrongdoing of our
politicians?
In
my opinion the people actually guilty in the filing of these
lawsuits that are a clear abuse of power and money: The
attorneys filing these suits and milking these cases for every
billing hour possible!
These lawsuits are just filed for one purpose: To serve the EGO
of the board members claiming that their name – and the
association’s name – were libeled and slandered!
Maybe
the legislature should consider enacting a bill that would hold
board members personally liable for all legal fees – if they
lose the lawsuit or have it dismissed before it reaches the
court room.
I
bet that would stop this nonsense in its tracks!
|
