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RULES ENFORCEMENT - DEFAMATION

Rules enforcement letters sent by the association to an owner accusing the owner of rules violations are not grounds for a defamation action against an association.

In Ruiz v. Harbor View Community Association, the association's attorney sent letters to an owner accusing the homeowner of stalking and harassing board members. The letters were not published to the membership; they went only to the owner. The owner sued claiming defamation. The association defended by filing an anti-SLAPP motion. The court ruled that the letters were protected speech and not defamatory.

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Adams Stirling PLC