Legal Question in Civil Litigation in Pennsylvania
I live in a condominium community where the Association Board distributes a newsletter on a variety of issues taking place within the community. If you are involved in a derogatory situation regarding a particular issue does that give them the right to disclose personal information? Briefly, as a result of an incident, the case was taken to Fed BK Court and the association lost. They then printed it in the newsletter that my husband had filed Bankruptcy. I understand that it is the community that makes up the reserves and should be kept abreast of everything going on in the community. However, I think certain things should be left private. They don't advertise those homeowners that are behind on their dues. Several other things are happening where we are being singled out for some reason. If I had a leg to stand on I'd definitely move forward legally. Another issue happened between them and my husband. I just received the newsletter yesterday. He had already received a letter of discipline from the Board but they took it upon themselves to detail everything in the newsletter. This time they named me as getting a letter as well eventhough I had nothing to do with it. I had no involvement to justify my name being mentioned or receiving the letter. Would I have a case based on the brief explanation above?
1 Answer from Attorneys
Bankruptcy is a matter of public record and any member of the public could find out. Some papers even publish this information in the legal notice section, although few people other than lawyers read it.
You don't tell me what the letter of discipline concerned or why it was published. I am not sure they are privileged to report about you if its wrong. Can you ask them to retract like you would a newspaper?
The real issue is going to be whether this is something that an attorney would take an interest in. The tort/wrong here is "false light invasion of privacy." Its an easy case say, where a business snaps your photo and uses it to advertise its product. It is going to be much more difficult here. And what are your damages? I understand the humiliation of having your neighbors know your business, but what else? And embroiling the homeowner's association (HOA) only will end up hurting you in part. The money is not going to come from the individuals on the board but from the HOA funds.
Review your covenants carefully to see if there is anything at all in there about regulation of the board and what they can or cannot print. In addition, see if you can find a civil litigation/personal injury attorney who handles actions of this type. Even better if you can find one that gives free consults/case reviews. See what the attorney says. If you have to, pay for it because it will be wrothwhile to here the attorney's opinion. I do not handle tort actions of this type and you would be better off with someone who is more familiar with it.
This is why I do not like HOAs at all. You have two options - either move out or try to get those on the board ousted and yourself and others of like mind elected.