Dear Bob:I received a copy of a letter that has been mailed out to [all] homeowners. I feel it is a defamation against me. Do I need Board approval to send it to you for your advise? If there is a charge for this question, please bill me seperately from the Association.....
Friday, November 20, 2009
Defamation in the Association
The topic of what, if anything to do about idiots who say and print defamatory remarks about directors and other in the context of community association operations is far too common.
Here is an actual inquiry and my reply, which accurately sums up my analysis of the issue...
On Fri, Nov 20, 2009 at 3:47 PM, XXXXXXXX wrote:
Hi XXXXX; I'd be happy to take a look at it, but here is my view on the matter. Under Florida law, defamation is an action where the party who prevails cannot recover legal fees. Unless a letter causes you great financial (as opposed to emotional) harm, it is never cost effective to sue.
The case can go on for a year, cost you $50,000 (easily) and what financial damages can you prove and then collect?