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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117379
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Should I respond to a false charge against me that I supposedly

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Should I respond to a false charge against me that I supposedly caused such duress to the volunteer Secretary and Officer of a Condominium Association (HOA) that they resigned from their office? The charge is baseless but the volunteer HOA President who is negligent in their duties to maintain the HOA properties in good repair is trying to shift the blame to others. They might argue they were not capable of performing their duties because a key fellow HOA Officer had to resign under supposed duress. Charges of negligence have not yet been made and the Secretary who resigned was new in their position and as merely asked what the contact information was for the other Officers which is their duty to collect and have available. That is not duress. But the Secretary was completely unaware of this as a duty and was told by other Officers that they would not have to do virtually anything as Secretary and as a condition to their accepting the Secretary's position. Then when she discovered actual duties were required of the Secretary, she resigned. Would responding to this baseless charge that I caused that Secretary unnecessary duress by asking for the contact information of the other Officers, be advantageous to me legally in preserving my position that it was negligence on the part of the HOA President that caused damage to my property? Stated another way, by NOT responding to this baseless charge, could the assumption be made that the charge is accurate and thereby damage my position in a future charge against the HOA President for negligence?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

No, if no civil suit has been filed raising the alleged duress from your actions, there is no reason to respond to the allegations. You simply need to maintain your documentation of what occurred and responding to the claims of duress does not really help your claims against the HOA. What helps your claims against the HOA is the proof of their lack of action upon your notice to them and the refusal of the board to provide you proper information that was due to you as a member on the other board members so you could file your claim to the board about their negligent care of the property.

There are no real benefits to addressing this allegation that you caused her duress that led to her resignation.

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Customer: replied 4 years ago.

The HOA President's typical M.O. in matters where she is acting defensively is to try to scare those who might hold her responsible for her negligence by directing them to not contact others associated with her negligence. In this case, the President has directed that I am not supposed to contact the Secretary. But the Secretary has not told me that I cannot call or contact her and may be completely unaware that the President has levied an informal charge that I supposedly caused the Secretary duress by asking the Secretary a simple question which the Secretary should have known, i.e. the contact information of the Officers. Can the President speak for the Secretary in directing me not to contact the Secretary? The President and Secretary are not related and are merely new neighbors on the same block. There could be value in alerting the Secretary as to the dirty tricks of the President in trying to intimidate others into not pursuing her for her irresponsible management. Or must I do as the President commands and not contact the Secretary when no formal orders have been sent barring me from contacting the Secretary?

Thank you for your response.

Your HOA president cannot tell you who to contact and who not to contact. They have no power of that nature. So you can ignore anything they say about who to contact. HOA board members seem to think they have more power than they have, but they are not the police or a judge or king or dictator and this is not a power they have.

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