Condominium Association Notice to Members About Ongoing Lawsuit Ruled Not to Have Been Defamatory
Courts have long held that a condominium association may inform its members of lawsuits pending against that condominium. Last week, Stark & Stark Community Association attorneys David Byrne and Richard Linderman won a summary judgment motion on behalf of a Northern New Jersey condominium association which affirmed this practice and clarified what information is permissible to include in notices sent to association members.
At issue in this matter was the decision by the condominium association to prohibit two owners from using its recreational amenities as a result of persistent rule violations. Those owners filed a several count lawsuit against the condominium, its board members individually and management. After court-ordered mediation proved unsuccessful, the condominium issued a notice to each owner in the community, stating the name of the lawsuit, the owners' names, the facts as alleged by the condominium and the financial demands having been made by the owners during mediation. The two owners thereafter sued the condominium, individual board members and management for defamation. The trial court dismissed the owners' defamation claim, finding that the condominium's notice to its owners regarding the ongoing litigation was "privileged" and thus could not be the subject of any defamation suit.
This decision shows yet again that a condominium is generally free to notify its owners of pending lawsuits, with such notice even including the owners' names and the specific facts of the dispute.
We are members of a Home Owners Association and we live in the Sierra Mountains in CA. Our property is zoned "Residential" by the Co. Zoning Commission. Next door some renters moved in and now there is debris and 3 old junk cars (don't run) next door. We have talked to them, sent a letter to the owner, etc. We called the HOA do something and they say they cannot do anything because people come up here to do "their own thing". The CCR's state that homeowners cannot do this but the Board says they do not want to get into litigation. Is there a way that the Board can be forced to send letters, impose fines, etc. especially when it states in the CCR's that they can?