HOA Manager Interfering in Elections

Question:

Our property manager interfered in our Trustee elections by writing a ficticious deragatory email to all owners days before our election. He refused to allow me to respond to his fiction to the same distribution list.. He took down my response on our election physical poster boards before the 6-day election began. He had the exiting HOA President censor my reading his false email by cutting off the mike during public comment.

While certainly unethical, are their laws regarding management companies injecting themselves into our election process?

– Randal

 

Answer:

Hi Randal,

There seem to be no laws particularly addressing the property manager’s interference in HOA elections. Kindly check the governing documents and the management contract to see how much the property manager may intervene in HOA elections. If interference violates the governing documents or terms of the contract, they may be subject to legal liability. It may also be a breach of the property manager’s fiduciary duty. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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