Legal Question in Personal Injury in California

The president of my California HOA board has lots of clutter in his driveway. The rules against clutter have not generally been enforced since he became president. If I say the following in remarks to the board, could it be held defamtory?

"For the past year the rules have hardly been enforced. Exactly why, I'm not sure. I will say that I see shelving and lots of clutter in the driveway of one of the directors. Could there be a connection between this and the absence of enforcement regarding clutter?

"I don't know, but I hope not, because the courts have ruled that "[directors] may not make decisions that benefit their own interests at the expense of the association and its members." Even if not the case here, it just looks bad, and it breeds ill-feeling toward the Board among those of us who are dismayed to see how much clutter is now tolerated and how trashy and rundown some of the living units have become."


Asked on 12/15/12, 9:09 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I don't see how it could. For one thing, only false statements of fact can be defamatory. What you propose to say seems to include only true statements of fact as well as statements of opinion. Besides, the law recognizes a "common-interest privilege" that protects speech which would otherwise be defamatory when it is not made maliciously and is made between people with a legitimate need to discuss the subject. (That is a *very* rough explanation, but it will do for now.) Your statement seems to fall within that privilege.

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Answered on 12/16/12, 4:22 pm


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