Legal Question in Civil Litigation in California

Re: hoa member

It is none of the HOA's business whehter anyone is gay or not. Does he mean gay as in happy? If you use that definition, then I am gay. The HOA does not enforce military business, and neither does a California State Court. If a member of the armed services was gay, that would be handled through the Uniform Code of Military Justice. How does this HOA member know he is gay? Is he gay too?

I hope that if you are in a HOA, that you and the other members can see that a member of the board that has to threaten people like this is dangerous, and should be removed.

This guy needs to go back to kindergarten, for crying out loud. What a bully.

Very truly yours,

Anthony Roach, Esq.

LT (United States Naval Reserve)

Re: hoa member

If the report is false, the victim may be able to sue for slander per se. However if that falsity cannot be shown, the reporting is almost assuredly protected by the 1st Amendment. California Anti-SLAPP statute would apply, placing a significant onus upon the plaintiff to establish the elements of his slander case at the outset.

Can you, as an HOA member do anything, other than vote him/her out at the next election? Doubtful. You would not have standing to sue.

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Re: hoa member

There might be an expectation of privacy in a person's sexual preference. However, since the military has the ridiculous "don't ask, don't tell" policy, a report to the military of a person's sexual orientation might be a matter of public policy that could be privileged under California law.