Votes Are Protected Speech
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VOTES ARE PROTECTED SPEECH

As frequently happens, there are winners and losers when a board votes on an issue. Normally, the vote is recorded in the minutes and the board moves to the next agenda item.

In a 2016 case, the losers wouldn't let go of an issue. A 9-member board voted six to three to renew a contract with the association's management company. Three directors who voted against the contract sued the six directors who voted in favor.

The association's attorneys moved to dismiss the action with an anti-SLAPP motion. The court of appeal agreed and ruled that a director’s vote at a board meeting constitutes a protected activity under the anti-SLAPP statute. (Lee v. Silveira).

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC