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john70t's Avatar
 
Join Date: Aug 2001
Location: midwest
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Defamation question for the attorneys: Book on condo nightmare

I've been dealing with an ongoing soap opera for the last half-decade.
After all the drama that transpired, I thought it might make an entertaining book. There are ups and downs, switching alliances and backstabing, mexican standoffs, etc. and
Above all, a heaping spoonful of just sheer stupidity. It would hopefully make the reader want to keep repeating "why the fk didn't they____?"


My question is how to write it and not fall under defamation/libel/slander laws?

I know there is changing names, anonymous authorship, saying "he was acting like a sociopath" instead of "he was a sociopath", etc..but how else is this done?
The main anti-protaganist character is a member of a "culturely-protected class" and could have access to powerful resources.


Last edited by john70t; 06-23-2010 at 10:51 PM..
Old 06-23-2010, 10:49 PM
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Basically the abbreiviated outline is:
1). A group of ignorant owners(myself included) bought into a converted appartment building.
-Problems with the management company, and the Association was broke.
-No one cared for a long time, and the building remained trashed.
-After several years an Association Board with several other owners was voted in. The management company was promptly "fired".

2). Exit "management" company, enter "maintinence" company(all contracts). Same owner/records/problems.
-The President had announce we could "save money" by managing it ourselves. A management company was required by the by-laws.
-Still problems with getting full records from the "old" management company. Remember this is years later.
-President tried to finalize foreclose on one unit(a young wild-card law student playing stupid games) for $500 unpaid dues, while ignoring $3200 for another(managed by evil management co.).
This was leading up to a discrimination suit. Bad comments were made, and the student's utilities mysteriously shut off. Not good for the building, or people.
-The law student and I were friendly until he started lying, deceiving, etc.on other issues(but personal and proffesional situations stay seperate to me).
-Association President gradually changes from nice-guy-stuck-in-bad-situation, to defensive rationalizer, to just plain mean.

3). Partial records finally obtained shows President's company hadn't payed dues on any of it's units.
-Demands for a audit were denied.
-All owners are severely pissed, but won't contribute their time.
-I had been taking a semi-passive role throughout all of this, and just wanted the whole mess fixed with everything done to spec.
-President dissapears for almost a year, and ignores all Board votes to relinquish records and share control.
-Association still broke. Building trashed. Maintenance company bleeding us dry.
-Drug dealing. Multi-unit drugs busts. Vandalism. Foreclosures. Owners move out. Economic crash. Chaos.

4). The President is voted out, and I(by default) am voted in through a unanimous vote of all other owners.
-The condo's attorney won't communicate(from a conflict of interest involving the law student vs. the president's company).
-More records found indicating gross negligence at best........breaking of almost every by-law, utility and insurance fraud, and misdemeanor embezzelment(at that time) at worst.

5). Owners meet and plan lawsuit. I suggest arbitration(it is a good thing I made a legal tape recording of that meeting).
-Law student's teacher/lawyer takes us on pro-bono(free).
-Several other owners and the Board meet with the lawyer. He first tries to act like it is my case(the money), but the law student calls him "my attorney" in several public instances.
-There was a potential conflict-of-interest circumstance because I wasn't sure if the law student's situation had finished with the Association.
-The lawyer dragged out situation half a year, screws up paperwork, doesn't submit stacks of evidence, and rants unintelligibly in court. Waffles everything.
-Both Board members went to the first court hearing. Only myself attended the second, where the defendant's expensive attorney starts spouting that it was all my doing, etc.
-Judge accepts the official complete audit from "Billy" written on a napkin in crayon.
-Case is dismissed for lack of evidence and general Board indemnification. Court documents show no specific rulings on any of the issues.

6). The Association has to repay the President's legal costs, and is broke again.
-New Board elections happened. I had sufficient votes, but voluntarly stepped down....a mistake. Again, I just wanted peace.
-The new Board, now comprised with several of the conspirators, bends to President's wishes and puts all the legal costs onto my account as an easy "out" for themselves. "Someone has to pay for all the defered maintenance".
-I ask for a reason through the by-laws several times, but am ignored. The charges remain on my account for the next half a year, incurring fees.
-However, they voted to "not take legal action"(active lien/forclosure). The charges constitute a lien through the by-laws, and I'm repeatedly told misinformation.

7). The President is obviously not finshed with his vendetta-like behaviour, now against me.
-He's well aware that the Board and other owners made the vote to act through court, but he/they put the charges soley on my account.
-Another owner admits in public email he was involved in the suit and there's sufficient knowlege many others involved.

I plead for peace and a new start. Ok, he won and got away with it. Let's all start working together again .
-I actually felt sorry for how sloppy and pathetically he had done things. Even more so, I was amazed at how he has gotten away with it. A stopped clock.
-No. He wants blood and blames me for everything. Actually, I tried somewhat to be his advocate during the mess, everyone deserves such.
-Ok then, I thought. If he is setting the terms....I go through the records, and find about 36,000 he's responsible for.
-There was no response, again, from other owners. Not a blink.


Now, I have the choices of:
1). Filing massive suit against the building for discrimination, long-term damage done to my property through purposeful negligence, my share of missing dues, etc..(don't want)
2). Filing injunction to remove charges and/or dispurse them amoungst the many active participants of almost everyone...(don't want as president wouldn't help pay)
3). Getting back on the board, and voting them off....(might not happen because some of the needed owners reversed course, and/or dissappeared).

Last edited by john70t; 06-23-2010 at 11:02 PM..
Old 06-23-2010, 10:50 PM
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Anyway, thanks for reading the abreviated version. The character developments, details, and concurrent micro-dramas would be more juicy.

This b.s. has consumed enough of my productive life that I wouldn't mind making money off it.

There's enough details for a series, but how can I do it legally?
And were you entertained?
Old 06-23-2010, 10:50 PM
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McLovin's Avatar
 
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Quote:
Originally Posted by john70t View Post
And were you entertained?
Honestly, no.

I think really great writing can make any story an enjoyable read. But you better be John Steinbeck to make that work. Stuff like that (and much worse) goes on in associations (and other businesses) every day.
Old 06-23-2010, 10:57 PM
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Well, thanks for the honest answer.

How does someone write a tell-all of personal situations without being a third-party profesional journalist with a legal department?


Last edited by john70t; 06-23-2010 at 11:35 PM..
Old 06-23-2010, 11:07 PM
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