Legal Question in Civil Litigation in California

I am a HOA board member who discovered fraud by other board members.Since I came forward with the evidence, I have gotten two death threats and slashed tires. I have been labeled as a racist, drug addict, stalker, and liar in board emails that were sent to the community. Our CC&R's state that we must go thru the ADR process to solve disputes so that's what I did. The HOA attorney asked me to leave from the executive session so the board could vote on accepting the ADR. I'm not sure why I had to leave when it involves all of us but either way, the board voted to participate in the ADR. The association attorney announced the acceptance to the homeowners and I sent a letter with a list of judges to pick from. I havent heard anything for two weeks, today, I get a letter from the HOA attorney stating that a new vote has to be taken because I have new harassment allegations that negate the first approval. When the HOA attorney announced that the board approved the ADR to the homeowners, she also stated that all harassment should stop and all board members should refrain from taking sides. When I called the attorney to ask her why she hasn't picked a judge yet, she asked if the harassment was continuing. I told her yes because the day before, a vendor drove in back of us laughing for over a mile when my family and i walked our dogs. A concerned homeowner saw what was happening from their upstairs window and called the police. I dont know who the homeowner was (we have over 400 units in our HOA). This person was just a witness with no affiliation to me. The HOA attorney claimes this is why another vote must be taken. I dont understand how this is possible when "harassment by one or more board members and by one or more vendors" was included in my original ADR request. Is there anything I can do? I know voting cannot be done via email so how can the attorney make that decision when the board voted. They cannot exclude me from correspondence so how does the board know they need to vote again? The meeting isnt for another 30 days.


Asked on 3/01/12, 8:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are willing to invest the time and money to fight this, you will need to bring a lawsuit for CCR violations, as well as for slander/defamation. If successful on the CCR issues, you should be entitled to your attorney fees in addition to damages. If serious about doing this, feel free to contact me.

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Answered on 3/02/12, 1:22 pm


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