Anybody can sue anyone for anything. The question that should be asked is if the property management company can be found liable if, under the direction of the board, it placed statements in a newsletter that are allegedly libelous? The elements to a libel claim: a statement, that is false, made to a third party, upon which the third party relies, and as a result of which the person about whom the statement is made suffers damage. If the management company knows something is false, it should not be disseminating the information or statement. If it does, and the other elements are met, then it might indeed be found liable for libel.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
The short answer is that any person or company can be sued for anything by anyone at any time. All the plaintiff has to do is pay the filing fee. Whether such a lawsuit would have merit is separate question. In order to evaluate that, it would be necessary to know what the statements were, who wrote the statements, and whether or not the statements are true, among other things.
Sean A. O’Connor
Finkel Law Firm LLC
4000 Faber Place Drive, Suite 450
North Charleston, South Carolina 29405
Direct Dial 843.576.6304