HOA Case Law Journal
with Julie McGhee Howard
Empire South Realty Advisors, LLC v. Younan
366 Ga. App. 795, 883 S.E.2d 397
HOA Management: What Counts as Libel?
A homeowner in the Black River Homeowners Association wrote a Google review of the community saying the management had “done a terrible job” and “turned our board of directors against the home owners.” The management company sued the homeowner for libel, which is the written false and malicious defamation of another. To prove libel, there must be a statement of fact and the statement must be proven false.
The Facts:
- A homeowner submitted a public, negative review of their HOA management, naming the head manager.
- The homeowner defended his review claiming it was only his opinion, not facts, when he was sued for libel.
The Issue:
The Court must determine whether the homeowner’s comments are statements of opinion or statements of fact. If they are fact, they must also be proven false for the management company to succeed in their libel claim.
Court Decision
While the homeowner’s review was certainly negative, the Court found that it reflected his opinion rather than provable facts. Because of this, the homeowner did not face legal repercussions.
The Cautionary Tale
If you are going to publicly comment on a subdivision, remember to express only opinions, not facts, and especially not falsities.
HOA Law Advice to Help Guide Your Board of Directors
At NowackHoward, we focus on condominium associations and HOA law throughout Georgia. To learn more about our community association practice and how we can help guide your community, contact one of our attorneys today at (770) 863-8900 or by email at info@nowackhoward.com.
