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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My HOA redacted my candidate form position and sited that if

Customer Question

My HOA redacted my candidate form position and sited that if they published it they might be sued for a defamation suit. I'd like to file a first amendment TRO to stop the election and force the board to send out my form. The election is in six days. Probably not going to happen.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) Why do they fear a defamation suit?

2) Do you mean they basically redacted your name from being voted on for an HOA position?
3) What are you asking here, i.e. what is your question in regards ***** ***** matter? For example: "How do I create a complaint/petition?" Or, "How do injunctions work in lawsuits for something like this?" Etc.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Sorry, this service does not explain what the process is. First I live in Yorkville, Illinois and that maybe a place too farm for you to go. If so I need another lawyer. I understand a TRO and the process, but I do not understand how it plays out in Kendall county courts in reference to an HOA.The election is in six days. On the 22nd athey redacted my form and the board lawyer sent the attached letter. I have been sending the unredacted form to my neighbors so I see no real damage to get a TRO, but there maybe a first amendment right violated here that a judge might like or a lawsuit can be instituted. Again, I need specifics about what I am facing and solutions that will work. Thank you.
Expert:  Ely replied 1 year ago.

Thank you. Please allow me a second to take a look at the attachments.

Expert:  Ely replied 1 year ago.

Are you a licensed attorney?

Customer: replied 1 year ago.
but my practice does not involve HOAs of First amendment issues. I was told this was a place to get a quick definitive answer to my question.
Expert:  Ely replied 1 year ago.

Thank you. I am not sure I can be of much help here. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...