Any Lawyers in Here?

[TC Nole OX]

I have a question regarding a fight some friends are having with the president of their local neighborhood association.

The assn president is trying to push through some controversial crap that a lot of the neighborhood doesn't want.

The neighborhood association president has a 1991 arrest for

(FT) Possess Blank Stolen Forged D - Third Degree Felony

According to the Clerk of the Court

Plea - Guilty
Disposition - NT Adjudication Withheld
Sentence - Converted Sentencing Event (No community service hours, 730 days probation)

I looked up NT Adjudication Withheld

A withhold is a term used in sentencing in which the judge orders some sanctions, but does not formally convict the defendant of a criminal offense. Therefore, the defendant does not receive the consequences from a conviction in a criminal case. ... Instead, adjudication of guilt is withheld and there is no conviction

So technically, not convicted

One of the friends asked this question on the neighborhood association FB group

"Can a convicted felon run for President of the Association if it is for fraud?"

President quickly deleted the post and said he was "going to discuss with the board how to move forward" in a PM.

Two days later (today) the resident received a cease and desist letter via certified mail

Here are key statements in letter

"Under Florida law it is unlawful to engage in defamation of another's character and reputation. Defamation consists of:

1 - false statement of fact (direct or implied)
2 - communicated to a third party
3 - which is meant to hurt the plaintiff's reputation or economic well-being

Your defamatory statements involved libelous commentary on (neighborhood FB group) on xyz date"

The letter goes on to say that the resident must immediately C&D and has 10 days to provide written assurance that will C&D.

President sent it himself, not from a lawyer. Guy has political ambitions and also has 2007 arrest for felony burglary (3rd degree) and felony grand theft (third degree). The clerk record shows "letter of release" for both which apparently is formal term for decline to prosecute. Also 2007 dui arrest and driving with suspended/revoked license, pled guilty to both.

Resident is terrified. Is a state employee and is afraid will lose his/her job.

I think he is blowing smoke. It was an open question rather than a statement. Assn president was never named. Can't see how he was damaged as the post was quickly deleted. He can't prove who saw it. To me it us just an empty intimidation ploy.

Thoughts on this? Is this nonsense or does the clown have something actionable on the resident?

Thanks

 

[TC Nole OX]

@AllNoles

 

[cmanole]

@goldmom

 

[JohnnieHolmesNole]

I have a question regarding a fight some friends are having with the president of their local neighborhood association.

The assn president is trying to push through some controversial crap that a lot of the neighborhood doesn't want.

The neighborhood association president has a 1991 arrest for

(FT) Possess Blank Stolen Forged D - Third Degree Felony

According to the Clerk of the Court

Plea - Guilty
Disposition - NT Adjudication Withheld
Sentence - Converted Sentencing Event (No community service hours, 730 days probation)

I looked up NT Adjudication Withheld

A withhold is a term used in sentencing in which the judge orders some sanctions, but does not formally convict the defendant of a criminal offense. Therefore, the defendant does not receive the consequences from a conviction in a criminal case. ... Instead, adjudication of guilt is withheld and there is no conviction

So technically, not convicted

One of the friends asked this question on the neighborhood association FB group

"Can a convicted felon run for President of the Association if it is for fraud?"

President quickly deleted the post and said he was "going to discuss with the board how to move forward" in a PM.

Two days later (today) the resident received a cease and desist letter via certified mail

Here are key statements in letter

"Under Florida law it is unlawful to engage in defamation of another's character and reputation. Defamation consists of:

1 - false statement of fact (direct or implied)
2 - communicated to a third party
3 - which is meant to hurt the plaintiff's reputation or economic well-being

Your defamatory statements involved libelous commentary on (neighborhood FB group) on xyz date"

The letter goes on to say that the resident must immediately C&D and has 10 days to provide written assurance that will C&D.

President sent it himself, not from a lawyer. Guy has political ambitions and also has 2007 arrest for felony burglary (3rd degree) and felony grand theft (third degree). The clerk record shows "letter of release" for both which apparently is formal term for decline to prosecute. Also 2007 dui arrest and driving with suspended/revoked license, pled guilty to both.

Resident is terrified. Is a state employee and is afraid will lose his/her job.

I think he is blowing smoke. It was an open question rather than a statement. Assn president was never named. Can't see how he was damaged as the post was quickly deleted. He can't prove who saw it. To me it us just an empty intimidation ploy.

Thoughts on this? Is this nonsense or does the clown have something actionable on the resident?

Thanks

I am not sure HOA issues are properly discussed in the Locker Room. Do we really have members who deal with such minutiae? I almost feel like I need a hot shower. Please......

 

[TC Nole OX]

I am not sure HOA issues are properly discussed in the Locker Room. Do we really have members who deal with such minutiae? I almost feel like I need a hot shower. Please......

Huh? Ranger has posted a number of HOA stories. I think the NY guy in Charlotte as well. Also, this isn't an HOA. It is a community association. Voluntary to join.

 

[JohnnieHolmesNole]

Huh? Ranger has posted a number of HOA stories. I think the NY guy in Charlotte as well. Also, this isn't an HOA. It is a community association. Voluntary to join.

Just playing with you my friend.

 

[TC Nole OX]

Just playing with you my friend.

Word

 

[goldmom]

Have friend read FS720.

 

[runkpanole]

Change the post to an arrest and he won’t have a leg to stand on.

Non attorney

 

[goldmom]

Board Prez has a bluff going on. He is severely limited in his ability to change anything by himself; the full board has to vote at a meeting posted publicly. Homeowners should attend. And be vocal.

 

[squiffynole]

I would rally the neighborhood to oppose the HOA proposals on the merits, an innuendo attack on the proponent's character is a credibility killer.

 

[goldmom]

I would rally the neighborhood to oppose the HOA proposals on the merits, an innuendo attack on the proponent's character is a credibility killer.

No, Florida law is in fact pretty clear on a felon serving on an HOA board, since they have access to the Association funds if there is no management company that oversees financial affairs. It is frowned upon and may not be concealed.
No one can lose their job if in fact this record exists.

 

[EveryoneBleedsGarnet]

Color me shocked that this guy has political ambition.

 

[Bud Fox]

No, Florida law is in fact pretty clear on a felon serving on an HOA board, since they have access to the Association funds if there is no management company that oversees financial affairs. It is frowned upon and may not be concealed.
No one can lose their job if in fact this record exists.

I agree, but based on what I have read in his post, the board president may be a scumbag, but has not been CONVICTED of anything. Granted, he has a sketchy history (which IMO is 100% open to questions with regard to character) but no convictions.

I believe the board President is the one that should be nervous, your friend is putting his past in the public eye. When stuff like that happens, people will hear about it and word spreads.

We have seen tremendous fraud by board members in Florida, so I believe your friend is within his/her right to question this board member’s credentials and fiduciary responsibilities.

I will say I can’t understand the board president’s position here. Your friend asked a legit question, and last I checked, this is still America.

Just my thoughts.

 

[TC Nole OX]

Just to be clear, it isn't an HOA in the traditional sense. It is a neighborhood association for about 40 blocks of ~100 year old homes. For example, if some of the residents in the All Saints neighborhood on the south side of the FSU basketball arena started an association that would be comparable.

The city of Tampa, where the association in question is located, recognizes associations provided they meet certain criteria. Here is the city's statement of the purpose

The City of Tampa supports neighborhood associations for the purpose of facilitating communication between residents, City staff and officials, fostering interaction between individuals on issues of common geographic concern and building a better community through cooperative action.

In keeping with this philosophy, the City will seek to notify and consult with neighborhood associations on matters of neighborhood interest. This could include but is not limited to notifying neighborhood associations when significant neighborhood projects are being discussed or proposed such as street reconstruction, park development or redevelopment or land use planning.

Neighborhood associations are strictly voluntary and no neighbor will be required to participate. Each Neighborhood association will determine its own priorities and desired level of activity. Neighborhood association leaders have no legal authority to enact or enforce property design or maintenance requirements.

Goldmom and Bud make good points about his past and hoa laws regarding felony past and board member eligibility. I have heard, but have not yet confirmed, that the bylaws for this particular association had a similar rule but it was amended in recent years.

Thanks for replies

 

[OrlandNole]

My non-legal opinion: The prez was never convicted of a felony, so your friends statement was false from a technical standpoint. That said, your friend was speaking in generalities and didn't mention the pres by name, so it seems there's a bit of gray area.

I didn't think NAs have real authority, so what could the president possibly try to push through?

 

[goldmom]

Sounds like the City still has the ultimate authority here - unless there is a charter and recorded By-laws that have not expired. The City and the "Association" are both subject to Sunshine laws, of course.

 

[amicusnole]

Very likely a bluff. It's very difficult to successfully prosecute a defamation claim when your reputation has already been sullied by your own actions. Although the alleged defamatory statement here might technically be false (arguable either way), it's hard to recover damages when your rep is already in the crapper--especially when the alleged falsity is a technicality. Imagine OJ Simpson suing for being falsely accused of assault. Or Larry Nassar suing for being falsely accused of molesting little boys when he only molested little girls. Guy is bluffing. Can't imagine even the lowest of bottom-feeding barristers taking his case.

 

[Gonolz]

 

[RangerNole]

Huh? Ranger has posted a number of HOA stories. I think the NY guy in Charlotte as well. Also, this isn't an HOA. It is a community association. Voluntary to join.

I may have mentioned a POA issue or 2 in the past; actually we are still fighting it out. Honestly I can't think of any POAs that do a good job across the board. The largest in HHI in what would likely be considered the best neighborhood on HHI had a lawsuit and judgement of I think 6 million dollars all due to a rouge security chief who was doing things that would blow your mind. I am talking about building dossiers and blackmail stuff. Sadly so many of these people think they are some king or quasi mayor and expect you to bow in obedience when they have no idea what they are talking about or doing. I get the logic that you joined so you knew the rules; where most problems happen though is the rules are selectively enforced, thus creating the frustration and neighbor against neighbor stuff. Just one example of the things we are fighting. We have a pavers section on the right front of our yard, there is a fire pit there and we have some table and chairs there; keep in mind these are high end iron and painted type stuff. We were told to remove the table and chairs or be fined, NO table and chairs in the front yard. Literally directly diagonally across the street from us a neighbor has... you guessed it table and chairs in their front yard. They are allowed to keep them and aren't being fined, of course they are friends of the POA and ARB head guy. When I went around our neighborhood to gather evidence for our lawsuit I was shocked at how some homes had the exact same changes we were told no on for various reasons. The whole thing is a big waste of time; but I want my house to look nice and make changes that others have been approved to do.