Bad situation gets worse for whistle-blower
Question: In an attempt to silence me, six directors pushed an illegal petition that had me removed as vice president from the board of directors.
The board admitted that my removal was because I filed a complaint with the attorney general’s office. I complained about poor management, nondisclosure, no access to books and records, and stringent rules in general. I also complained that the board forges owners’ signatures on votes it needs to stay in power and to control what owners know.
After the attorney general’s office contacted the association, the board began a campaign against me by disseminating my personal file kept in the office. Board directors, along with a manager who was not a director, accessed personal and confidential information from my membership application that included my credit history. The private data were released to members.
They also fabricated several charges against my actions while I was serving as vice president, and claims have been turned around to accuse me of lying to owners. The harassment and false statements were turned into written reports and fliers that were distributed to all owners.
One board director is an attorney who repeatedly uses that fact to persuade owners to sign various petitions. The physical threats against me have escalated, and I fear I could lose my home or my life. Can the board get away with this?
Answer: It is illegal for association board directors to retaliate against a titleholder for exercising his or her right to complain to a government agency when such exercise of rights is protected under California law.
Any individual can file a complaint with a government agency against a corporation believed to be violating the law.
Under California’s Whistleblower Protection Act, Government Code section 8547.2(d), a “protected disclosure” is any good-faith communication that discloses or demonstrates an intention to disclose information about any condition that may significantly threaten the health or safety of the public if the disclosure was made for the purpose of remedying that condition. Under Civil Code section 47, such reports are privileged and may not be used as the basis for either retaliation or a lawsuit.
Your free-speech rights under the U.S. Constitution also protect you. All retaliatory threats and harassment against you for exercising your 1st Amendment right to file a complaint with a government agency should be documented.
Removing you as vice president of the association board for exercising your right of free speech might also violate your association’s governing documents. Such documents usually contain the grounds for removing a director. If exercising your free-speech rights is not among them, continue to attend the meetings and act like the director that you are. Neither circumstance you presented would allow the association to take your home, and any actual threats to your life or physical health should be reported to the police immediately.
The release of personal data, which the board is required to maintain in confidence, and the publication of information about you that is false may be sufficient to allow you to sue the board and the association for damages. Consult an attorney specializing in slander and libel laws to learn what your options are.
It’s odd that the lawyer on the board would condone activity like this, which subjects the association and directors to liability. A complaint to the state bar association regarding this lawyer’s conduct is also appropriate.
What is happening to you could happen to other owners. Immediately contact an attorney versed in constitutional law about bringing an action against this board and the association.
Questions can be sent to P.O. Box 11843 Marina del Rey, CA 90295 or e-mailed to noexit@mindspring.com.
