Florida Homeowner's Association Sues Resident For Critical Blog Comments, Seeks Identity Of Other Commenters
from the but-of-course dept
I'm not sure what it is about "Homeowners Associations" (HOAs), but I can't recall ever coming across one which didn't involve all sorts of acrimony. A few years back, I lived in a house that was a part of a (mandatory) HOA. I was renting, so I didn't really care or pay much attention to any details. And then, one day I found a bright yellow document sitting on my front step, which had a long and rambling letter from a neighbor who apparently was challenging the HOA on something and the fight had escalated. He had placed the letter on the front steps of every single house in our neighborhood. While I don't even recall what the argument itself was about, I do recall him explicitly asking that the police be present at the next HOA meeting, and the phrase: "I fear my life will be taken; I fear my wife will become a widow; if this situation is not brought under control." The whole thing seemed so bizarre to me -- who would ever take an HOA so seriously? -- that I remember telling people about that phrase, and it's stuck with me.And the thing is, every time I ever hear anything about HOAs, it always seems to involve some similar crazy story. A few months back, we wrote about an HOA president in Indiana going ballistic with bogus legal threats towards pretty much anyone who criticized him. And now, here's a story out of Naples, Florida, where an HOA for "Fiddler's Creek" is using homeowners' fees to sue one of their own homeowners, a resident named James Schutt, because he made some comments the HOA board members don't like on a blog about the community.
You can see the actual comments in the original lawsuit. I read them over and my first reaction was "they're suing over that?!" Basically, it sounds like a typical HOA fight. Schutt isn't thrilled with how the HOA is being run, and he accuses them of failing their fiduciary responsibility, and he feels that some of the things the HOA pays for -- such as management -- are excessive and possibly corrupt. You see these kinds of things all the time. Even if they're not exactly true, they're standard rhetorical hyperbole that happens online. Get over it and move on. Instead, the HOA sued.
It seems pretty clear that this is a SLAPP lawsuit, designed to shut up Schutt and potentially other critics. Schutt is being defended by Marc Randazza (a name many of you will hopefully recognize) who let us know that the HOA is seeking to depose the blogger and are trying to "out" other anonymous commenters on the blog (to clarify, Schutt is not the blog owner, but was merely a commenter). The fact that the HOA is now trying to out other anonymous commenters certainly adds weight to the idea that this is a SLAPP suit designed to shut up critics. The blogger is pushing back but the anonymous commenters themselves might want to find some legal representation to protect their own rights as well, and to make sure that their identities aren't disclosed due to baseless threats that seem designed solely to create a chilling effect on critics of the HOA.
Did I mention that I no longer live anywhere near an HOA... and I have fantastic neighbors who all seem to get along splendidly with each other?
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Filed Under: anonymity, anti-slapp, comments, fiddler's creek, florida, free speech, hoa, james schutt
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HOAs
I guess that was one area of law school that actually translates to the real world...
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Re: HOAs
Any comment will be appreciated.
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It is going to escalate
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Re: It is going to escalate
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Dealbreaker when buying a house...
"Huge master bath, Check."
"Beautiful view, Check."
"Close to shopping and services, Check."
"Busybody housewives with nothing better to do than badger me about how short to keep my lawn and what color drapes I can put in the upstairs window, Check."
When buying a house, an HOA should be a dealbreaker for anybody who wants to feel like they actually own their own property.
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Re: Dealbreaker when buying a house...
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Re: Dealbreaker when buying a house...
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Re: Dealbreaker when buying a house...
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Re: Dealbreaker when buying a house...
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Re: Dealbreaker when buying a house...
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Welcome to the future, Mike.
"Former Casualty star Clive Mantle has had the top of his ear savagely bitten off in a row at a hotel.
Clive, 55, was attacked at 4.30am yesterday after asking two rowdy men outside his room at a Travelodge to keep it quiet."
http://www.mirror.co.uk/news/uk-news/clive-mantle-ear-bitten-off-1784616
That's just randomly off Drudge, where I went looking for something similar.
Now, at some point, society has to get these savages under control. I do my part here in part protesting ad hom -- and firing it back when I damn well feel like it -- but it's a thankless task. You kids today don't even know what peace and quiet and civility are, let alone habituate to it.
For instance, just today I was accused VILELY by "Chosen Reject": "I see no reason why you shouldn't quote out_of_the_blue as saying that Hitler was a good guy."
http://www.techdirt.com/articles/20130326/10400322463/senator-fido-wants-to-create-official-amba ssador-hollywoods-interests.shtml#c120
And now he's accusing me of ad hom and hypocrisy too.
So I totally believe that someone could fear for his life from those who've been raised without discipline; they don't recognize boundaries -- such as not pirating other people's work-products.
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Re: Welcome to the future, Mike.
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Re: Welcome to the future, Mike.
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Re: Welcome to the future, Mike.
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Re: Re: Welcome to the future, Mike.
It's not even the pot calling the kettle black because my analogy did have some relevance to both his comment on running apps and my own arguement regarding such.
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Re: Welcome to the future, Mike.
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Re: Welcome to the future, Mike.
Disagreeing with certain laws does not equate to not having boundaries. That you would even bring up this ridiculous argument shows that there is no boundaries to how dumb your logic is. So why should anyone take you seriously?
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Re: Re: Welcome to the future, Mike.
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Re: Welcome to the future, Mike.
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HOAs
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Can't imagine what Schutt could possibly be thinking.
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Re:
as i went on at length a while back, our stupid fucking HOA (all of 15 properties) has been spending THOUSANDS on lawyers fees, liens, etc trying to extract a $200 fee...
(protip: when you ask a lawyer (or barber) if you need more lawyering (or a haircut), what the fuck do you think they will say ? ? ? )
literally ALL our fucking dues are going to harass this guy, which NO ONE in the neighborhood agrees with, EXCEPT they just don't want to mess with the NASTY bastards who run the HOA show...
the poor fucker not only disagrees on principle (even though he is morally right, he is legally wrong), but he doesn't have the $200+ to pony up, much less the THOUSANDS in legal fees, etc it has ballooned to being...
so now he has liens on the property which he will NEVER pay, and whoever eventually buys the property will have to pay...
(which means the property becomes that much less attractive to buy, meaning the liens -and the HOA- will probably NEVER get that money back...)
oh, did i mention that one of the leading scumbags heading this worthless effort is a guy who buys tax liens as legal extortion ? ? ? fucker, his head will be on a stick when the hard rain comes...
art guerrilla
aka ann archy
eof
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And how exactly do you "out" anonymous blog commenters? For example, my real name is not Binko; in fact I strive to use my real name on the internet as little as possible. Do blogs typically store each commenter's IP Address along with their supposedly anonymous post? Even if so, it's hard to imagine that courts would grant the right to subpeona poster's true identity from their ISP for something that is so clearly an expression of personal opinion.
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So let's sum up:
2) HOA uses funds provided by those in HOA to sue blogger in an attempt to shut him up, as well as attempting to unmask other commentators, almost certainly so sue them as well.
I can only assume the people running the HOA didn't really think about what would happen after that point, but I imagine it will go something like this:
3) HOA's actions confirm to all and sundry that blogger was dead on the money with his accusations, causing their lawsuit to go, shall we say 'less than well' for HOA in court.
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Re: So let's sum up:
And of course, the deposed ex-president is suing. The thing is, win or lose, the defendant has no assets... so what's the point?
Anti SLAPP suits suck.
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Re: Re: So let's sum up:
And regarding your friend, as I assume the ex-president was suing on grounds of slander or something like that, I'd think all he'd need to do is present his evidence of embezzlement and the judge would probably throw the case out quick enough to give the lawyers whiplash.
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Re: Re: Re: So let's sum up:
1. that the statement was made in good faith and a reasonable belief that it is true
2. Fair Comment in a matter of public interest- I think the homeowners have an interest in knowing if their HOA is corrupt.
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2 reasons
1) To give small, weak people a modicum of power.
2) To funnel money into illegitimate businesses.
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Re: 2 reasons
Anway, a new woman in the neighborhood apparently has too much time and talked some of the members into trying to get homeowner support for making the HOA mandatory. She went around house-to-house floating the idea and begging for funds.
When she came around to my house and described the HOA, we told her we don't have kids and already subsidize others' kids through taxes, so no thank you. She pressed saying "we could do more", and that it was really important for the community to have common goals.
We told her we're unwilling to cede any decision-making authority over our property and that HOA's had a bad track record of enabling power hungry mini-tyrants wasting peoples' time and money.
Poor dear. She was rambling in response about "why would people think that way, its so untrusting, anti-community", when we quietly closed the door on her.
Haven't heard from them in two years, so I'm guessing ours was not the minority opinion.
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Re: Re: 2 reasons
> has too much time and talked some of the
> members into trying to get homeowner support
> for making the HOA mandatory
How can they make membership mandatory? A group of people can't just get together and vote away your private property rights out from under you. If you don't agree to it, there's no obligation on your part to participate, no matter how many of your neighbors want it.
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Re: Re: Re: 2 reasons
HOAs aren't bad by design, just in execution as most people aren't willing to pony up and be part of the solution.
That leaves the mini-tyrants as they only people who actually apply for positions and you get what you 'pay' for.
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freedom of assembly
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Re: freedom of assembly
If you'd been living somewhere and then, later, someone was able to force you to join a group - then yes, I agree with you 100%. So far I've never heard of anything of the like, though.
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Re: Re: freedom of assembly
Just like no one is forcing you to become an actor, or forcing you to become an electrician, or forcing you to become a hotel manager.
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Re: Re: freedom of assembly
No one is forcing you to be black and live in this area.
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Re: Re: freedom of assembly
I've been living in my neighborhood for 13 years now. My "voluntary" HOA has decided to go mandatory.
I didn't sign up for a mandatory HOA, but it's being forced on me anyway. It's Texas, so I'm stuck with it, and I can't afford to move.
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Homeowner Associations
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is being defended by Marc Randazza
I automatically understand "case won". And I'm sure Randazza will manage to get 80k dollars out of thin air somewhere and tons of reputation.
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Re: Case Won?
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HOA's are a nightmare for realtors; each HOA has their own regulations on how/where/when FOR SALE signs can be placed, as well as height, width, in the window only and what colors can be used.
I don't know about other states, but in Florida HOA communities are usually full of retirees who have nothing better to do than mind the business of their neighbors. Ratting each other out over small violations is a pastime.
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Dear:
Marc Randazza
BLOW ME!
Sincerely,
VPN USER #6582569554
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Re:
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I've never...
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Why we'll never get rid of government
Getting rid of all government is highly unlikely.
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Re: Why we'll never get rid of government
> unlikely.
Which is why I find myself becoming more and more misanthropic every year as I get older.
I now wistfully wish for a remote mountain cabin where the nearest person is more than a mile away and where I can live in peace and quiet with my dog and write my manifesto in peace.
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I've no dealings with any sort of HOA and after reading a few incidents that have passed through here, I'm glad I never have. Maybe there are some that live up to their billing 100%. I just fail to see the need to belong in order to buy property. Having it as a requirement just means I will buy somewhere else.
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Read this and then ponder the advisability of purchasing a home governed by deed restrictions administered by a "mandatory" HOA. In Florida, for example, HOAs invariably remain under a developer's control until +90% of the lots have been sold. The above article details what is easily the most egregious grab of power I have ever read concerning an HOA that remains under almost the exclusive control of a developer.
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my hoa issues include township corruption
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Currently live in an HOA managed community
As a side note, my community has an HOA. Dues are less than $25/month and cover shared areas and two pools. For the most part it is pretty relaxed with only mild petty crap, so I consider myself lucky. There are even a few with much higher costs that include yard maintenance, water parks and other amenities with the dues. Not all are bad, but it definitely seems most are, and unfortunately, the State and Local laws protect them more than they protect the homeowners.
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HOA Meaning
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News Article
However, I did want to comment on the linked article on the winknews.com site. That's quote possible the worst-written news article I've seen from any professional news reporting organization in my life. It was disorganized and non-sensical and grammatically challenged.
And they say bloggers aren't 'real' reporters. Well, if this is the sort of drivel we get from real reporters, we could use a few less of them and a few more bloggers.
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This really doesn't suprise me.
I mean I'm sure reviews must have existed in some form previously, but when they all start being introduced on the internet, suddenly they are no longer welcome, and they become a target for the unscrupulous.
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florida hoa's
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HOA Information and Documents
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HOA Information and Documents
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Property Management
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Bad hoa need help
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crazy HOA's in Florida
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Send black lives matter to nazi hoas
They could sure use the airtime. Just direct them to the board members houses. Anyway, video tape and audio tape all interaction with then. Since it is in NaziDuh, make sure the qudio or video recording is done in a public place, as you cannot record the phone calls to them.
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Bad H O A
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