Legal Question in Civil Litigation in California
I have two issues as follows:
1) I live in a senior community and the board repeatedly has defamed my name and cause me to lose a little income... the last action by the board president was in writing a formal letter accusing me of three things which I did not do...it involved a city inspector who wrote me an apologetic letter and cleared me of any wrongdoing. The board has not retracted what they wrote and that information has been leaked to other members of my community.
2) This board has disregarded our CC&Rs which stipulate that any improvement in excess of 5% of annual income requires a community vote for approval. They have in essence reduced our reserve funding by approximately 50% and use intimidation with anyone that disagrees.
What are my options???
1 Answer from Attorneys
You need to decide if the little lost income is provable as a direct causal result of the false statements, and then whether it is worth the attorneys fees to persue.
On the CC&R's issue, you can sue to force a HOA board to abide by the rules. Again, you have to decide if it is worth the expense.