Legal Question in Real Estate Law in Florida

Condominium Board of Directors protection from liability

At an Association Board of Directors meeting, one officer was censured and removed as Secretary for a number of violations of fiduciary responsibility. The Censured Director was removed as Secretary (not from the Board).

He is now saying he will sue the individual Director and/or other Board members for ''Defamation of Character''.

One of several incidents cited by the Director who made the Censure motion was ''breaking and entering'' He went on to explain that this occurred as part of his part time occupation for a Realtor, showing a condo unit and when unable to enter with a key ....he broke the door attempting to enter.

He mistakenly got the wrong apt, setting off a burglar alarm and frightening the occupant to the extent they threatened suit against the Association. The matter was resolved in a meeting with the Association President and the Director paid for the broken door.

Can the Censured Director seek damages for ''defamation of character'' because of the public humiliation or based on the the Director's choice of words ''breaking and entering'' which may lead one to believe it was an illegal act and not a mistake?

Thank you


Asked on 1/19/03, 2:13 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Condominium Board of Directors protection from liability

I doubt it. He broke and entered. I do not see any defamation. It was stated at a Board Meeting where there is a qualified protection. No malice appears. Good luck.

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Answered on 1/20/03, 5:39 am


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