HOA Member’s Threats to Expose Suspected Illegal Conduct by HOA President Were Protected Speech

This case involved a dispute between a homeowners association member (“Member”) and the president of the homeowners’ association’s board of directors (“HOA President”).

In March 2021, the association was in disarray. The former president of the board had unexpectedly resigned shortly after the association had hired a new property manager to manage its finances. President then joined the board and shortly thereafter she became the new president. On the first day of her presidency, the board fired the property manager and took over management of the association’s finances without a professional manager and decided to use a web-based service company for members to pay their monthly dues. Not comfortable with the changes that had been taking place, Member did some research on the individuals that had taken control of the association, including President, and raised questions concerning their background and experience. Based on information obtained from public records, Member suspected that President and others acting in concert with her were engaged in “possible fraud and/or money laundering” and it was risky and foolish for them to be managing the association’s finances. Member then wrote multiple letters to President advising her of the information he had learned and asked her to resign as president and a director of the association. Member stated that if President did not resign, he would circulate the information he had to all association members, and others.

In October 2021 President filed a lawsuit against Member alleging claims for: