Condo Issues
Malden, MA
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Posted 11 months ago in Residential
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unit owner and trustee vs condo manager - I am a unit owner and also a trustee of a condominium in MA. There are three trustee's myself, the manager and another unit owner. In a email exchange with the other trustee and the condo manager, I question the manager's performance, and cite examples of some of the incompetence. In one of the example I mentioned what an occupant had told me, that manager yelled at them when they questioned him about lack of performance on a issue in the building. I've receive emails from the manager demanding the name of the occupant who made the statement and I've since receive a letter from the manager's lawyer accusing me of reputation injure and state that they are reviewing legal options against me, if i do not retract the statement. What legal options can he take against me and what are my options.
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Can this lead to a lawsuit. Answers (1)Jen Chiasson-Aronoff
This attorney is licensed in Massachusetts.
Posted 11 months ago.
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A claimed "reputation injury" in all likelihood refers to a claim for defamation. To prove defamation, the manager would be required to show that you published (in other words, told) a false statement about him to a third party (i.e., the other trustee) that was defamatory and that caused him economic loss. In order to determine whether this matter could lead to litigation, you will need to consider the specific statement that the manager complains of, in the context of the entire publication. Determining whether a statement is defamatory is a very technical task, and if you think the manager may pursue litigation you should consult a lawyer to see if you may have some liability; you may also have some insurance that would provide a defense. If the manager does pursue litigation you should consult an attorney immediately.
If you want to smooth this situation over, you might consider reviewing the statement you made very carefully. Did you assert any facts that you know are untrue? If what you want is to avoid litigation, use your skills of diplomacy. Perhaps you could "retract" the statement that has offended the manager by rewriting it in less hostile terms. In your communications with him and anyone else, stick to basic, provable facts and do not overreach or exaggerate. Think carefully before you hit the send button. Good luck.
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