defamation
Should I refuse to vote in my condo association after the President published lies about me?
<p>The woman who lives below my condominium is the Association President. About two years ago, my bathroom sink overflowed, and flooded her bathroom below it and part of her kitchen. I helped to clean up the mess, and agreed to pay for damages, which consisted of damage to the drywall, because it had gotten wet. I got estimates from contractors, but did not schedule the work, because, at the time, I didn't have the money to pay them. In an association meeting last year, I brought up the fact that water enters the basement when it rains, and that we should get estimates to have the foundation repaired. She fronted me off, and said to take care of her condo drywall first. Actually, she did not want to deal with the foundation issues because of the expense. So, I got another estimate, and scheduled the work, with plans to pay them after the project was completed. She agreed to have the work done. A couple of weeks before the work was to be done, I emailed her a release form and explained that I would need her to sign it if the work was done satisfactorily, and that it would release me from all liability regarding the flooding. She said she couldn't sign it, and that she would go through her homeowner's insurance. So, I cancelled the appointment with the contractor.</p>

<p>She said that her homeowner's insurance reviewed the bylaws and that any damages caused by a unit owner that is not covered by insurance needs to be paid by the unit owner who caused the damages. Her deductible is $500, so she said I owe her $500. Much of the conversation was via email, and I requested the repair bill, to which she never responded. </p>

<p>She's also the Treasurer, so every month I submit my association dues to her. Every month, she would scream at me about paying the $500, and would not let me say anything, but would slam her door in my face, after she gave me the receipt for the association dues. One time, she did let me respond, and I said, "As soon as I receive a repair bill," to which she screamed, "You don't get a repair bill!!! You're not paying for the whole project, you're only paying $500..." </p>

<p>Fast forward to this week's association meeting, which was over a year from the last one, even though we're supposed to have at least four meetings a year. She distributed minutes that she typed up from the last association meeting, in which she wrote lies about me regarding the flooding, and that were not discussed in the association meeting last year. She also said that I caused damage to her bathroom in another flooding incident, but never mentioned anything to me about it until several years after she had tile replaced, and said it costed her $1800. There are only six condo units, so to have a quorum to vote on anything, at least four voting members would have to agree. Only three showed up to the meeting, the President, another condo owner, and I. So, we just talked about what was going on, and she suggested raising the association dues, because expenses were going up. Both the other condo owner and I were in agreement, but since we couldn't vote, she planned to type up something and have at least four sign off on it later. </p>

<p>Her spreading lies about me is fine. What goes around comes around, so someone else will treat her the same way. But should I not sign for my vote for the association dues to be raised, because she published lies about me?</p>

<blockquote>
  <p>should I not sign for my vote for the association dues to be raised, because she published lies about me?</p>
</blockquote>

<p>That is entirely up to you, especially since there is no indication that you have a <em>fiduciary duty</em> toward the association. That being said, the relation between "<em>sign[ing] for [your] vote</em>" and signing off on the president's minutes is unclear. Thus, these are separate issues requiring separate analyses.</p>

<p>From your description, I gather that your vote only has to do with the question of raising the association dues, and that it bears no relation to her false statements about you. Although deciding your <em>vote</em> on the basis of her unrelated falsehoods seems pointless --and perhaps retaliatory or vexatious--, from a legal standpoint there is nothing wrong with you adopting that criterion.</p>

<p>By contrast, it would be detrimental for you to sign off on <em>minutes</em> that contain falsehoods about you. That is because your endorsement of the minutes might be used by her as "evidence" of your <em>admission</em> of liability in the event that she brings court proceedings against you regarding the pre-existing dispute (the one which prompts her to publish the falsehoods).</p>

<p>The minutes might strictly purport that <em>she said</em> those things about you, rather than you <em>having done</em> those things. Even in that case, signing off on the minutes without your rebuttal/clarification being reflected therein memorializes &amp; can carry a defamatory import (in addition to the aforementioned evidence of admission).</p>

<p>Accordingly, you might want to ensure that the dispute --which she should not mix in her capacity of president-- and the vote are not so intertwined in her minutes.</p>
