Cardinal Management suggests class action suit against this blogger

According to the draft minutes of the February 20 Board meeting, Tom Markell, Cardinal Management, suggested that homeowners file a class action suit against this blogger. Mr. Markell would do better to tend to his own job.

Cardinal Management have failed to implement Virginia Condominium Act § 55-79.75:1. Distribution of information by members, and haven't kept proper minutes of meetings.

The February 20 Board meeting mentions a 30-minute Executive Session. The Virginia Condominium Act § 55-79.75.C requires (as we have pointed out repeatedly in this blog):

The executive organ or any subcommittee or other committee thereof may convene in executive session to consider personnel matters; consult with legal counsel; discuss and consider contracts, probable or pending litigation and matters involving violations of the condominium instruments or rules and regulations promulgated pursuant thereto for which a unit owner, his family members, tenants, guests or other invitees are responsible; or discuss and consider the personal liability of unit owners to the unit owners' association, upon the affirmative vote in an open meeting to assemble in executive session. The motion shall state specifically the purpose for the executive session. Reference to the motion and the stated purpose for the executive session shall be included in the minutes. The executive organ shall restrict the consideration of matters during such portions of meetings to only those purposes specifically exempted and stated in the motion. No contract, motion or other action adopted, passed or agreed to in executive session shall become effective unless the executive organ or subcommittee or other committee thereof, following the executive session, reconvenes in open meeting and takes a vote on such contract, motion or other action which shall have its substance reasonably identified in the open meeting. The requirements of this section shall not require the disclosure of information in violation of law.

The minutes of the February 20 Board meeting state neither the "purpose for the executive session" nor the "vote ... [in] open meeting". The purpose must be one stated in § 55-79.75.C. The substance of the vote must be reasonably identified.

Mr. Markell, if you see anything false on our website, do tell us. We will gladly remove it. A true statement is not libel. Libel is a published false statement that is damaging to a person's reputation. Absent libel there is no basis for a class action suit.