HOA Case Law Journal
with Julie McGhee Howard

Empire South Realty Advisors, LLC v. Younan

366 Ga. App. 795, 883 S.E.2d 397

Negative Reviews

A homeowner in the Black River Homeowners Association wrote a Google review of the community management company and manager posting, among other things, that the manager had “done a terrible job” and “turned our board of directors against the homeowners.” The management company and manager 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 which can be proven false. The management company and manager also raised claims of slander, intentional infliction of emotional distress, and defamation per se.

The Facts

• A homeowner posted a public, negative Google review of his HOA’s community management company and the community’s manager.
• When sued for defamation, the homeowner defended his review claiming the contents of the review were only his opinion, not facts, of how the management company and manager were managing the HOA.

The Legal Issues

The trial court had to determine whether the homeowner’s comments in his Google review were statements of opinion or statements of fact. If the court found the statements to be statements of purported facts, the management company and manager would then need to prove the statements false to prevail on their libel claim.

The trial court had to determine whether the homeowner’s comments in his Google review were statements of opinion or statements of fact. If the court found the statements to be statements of purported facts, the management company and manager would then need to prove the statements false to prevail on their libel claim.

The Court of Appeals Decision

The Court of Appeals found that while the homeowner’s review was certainly negative because the homeowner did not make specific factual assertions to explain his negative opinions, there was no libel, and the Court ruled that trial court properly dismissed that claim.  However, because the trial court did not make specific findings on the management company and manager’s claims for slander, intentional infliction of emotional distress, and defamation per se, the Court of Appeals returned the matter to the trial court for further analysis.

Lessons Learned

The internet and various review platforms make it easy for residents to post negative comments and online public reviews of associations, their volunteer leaders, and their managers. It can be extremely disheartening given the hard work and commitment invested in by these volunteers and professionals working to better the community. If reviews include false statements intended to harm, they may be actionable.

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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.