Legal Question in Civil Litigation in Texas
My neighbor friend is Plaintiff in a lawsuit against the POA where he resides and I also own a property in the same subdivision in Texas. I am going to be a witness at an upcoming court appearance regarding Covenants & Restrictions and changes in dues. Many of the owners are very unhappy with the POA Board�s manner in running the Association and possible illegal dealings including misappropriation of funds, illegal voting and more. After many certified letter requests by many owners to review the Association Books as provided by law, the POA Board has ignored these requests and will not allow them to be viewed or respond.
Recently there was an anonymous website that was created by an unhappy anonymous owner with private registration (which means you can�t see who owns the website). This website allows owners to post their comments and complaints about the POA. This has been a great tool for us owners to communicate about the realities of what�s going on within the subdivision, as opposed to what the POA Board tries to lead people to believe in their newsletters. The POA Board is very upset that the �real� info is getting out and is trying to locate the owner of the website.
This disclaimer is at the lower part of the website:
This website is online to offer information including facts, opinions, observations and ideas from concerned Property Owners at XXXXX Subdivision. This information is provided for informational purposes to help educate Owners, so they can make informed decisions regarding their investment and properties in XXXXX Subdivision. This information is believed to be accurate and true, although XXXXX Owners Forum cannot be held liable for any discrepancies.
To share your concerns, comments and pictures with other Owners, please click here: (link to email)
I do not want to let the �cat out of the bag� by saying who own or operates the website to the POA�s attorney or the judge hearing the case while I�m on the stand.
Here are my questions:
1. If the website has nothing to do with the existing lawsuit and/or my court appearance as a witness, can the judge make me tell who owns or operates the website? Can I plead the 5th amendment? Or?
2. While I am under oath, can their attorney ask me anything they desire even if it�s not relevant to the case, including who owns the website?
3. Can people anonymously list their opinions, concerns and complaints on the website without it being considered slander, libel or defamation, if the information is true or stated as their opinion?
4. Can the person who owns that website be held liable for other people�s comments?
1 Answer from Attorneys
1/2. The judge can require you to answer his and/or the lawyers' questions and jail you if you refuse. The judge, not you, decides what is relevant.
3. An analysis of defamation law and it's application to these facts would require review of the actual comments; pure opinion is generally privileged against a defamation claim but "It's my opinion that Joe Blow is a crook/pedophile/axe murderer" is not privileged. Truth is a defense, but the burden of proof is on the party making the defamatory statement.
4. The website owner may have a safe harbor if he's not making the comments himself, but it's impossible to be sure without a total review.
If you're worried, particularly if you're the website owner, you'd better hire a lawyer to advise you. Plan on spending $3-5 thousand.
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