HOA Threatens a Lawsuit Against 21-Year Resident

"A SLAPP suit, or strategic lawsuit against public participation, is a civil claim filed against an individual or an organization, arising out of that party’s speech or communication to government about an issue of public concern. At the heart of the SLAPP suit is the petition clause of the First Amendment. The term "SLAPP" was coined to recognize lawsuits filed to silence criticism."

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October 7,2021

CEASE AND DESIST

Dear Mr. Lapham,

Quail Valley Homeowners Association, Inc. (“Association") demands that you immediately cease and desist false and defamatory information about the Association and its Board of Directors, and that you have all defamatory publications removed within fourteen (14) days to avoid legal action against you.

You have published articles on Patch.com such as those enclosed for reference accusing the Association and its agents of “devaluing human life”; extorting fines; being racist; endangering resident’s lives; exhibiting “dysfunctional behavior that is harming their own residents”; harassing residents; targeting the elderly, and; sending “frivolous, incorrect, arbitrary, and/or excessive property violation infractions during the June 2020 property inspections."

You have actively distributed your defamatory articles to various members of the State Legislature; the County Executive; the County Council; and the Assistant State Attorney General. You have distributed fliers with defamatory information throughout the community.

You have made the published statements with reckless disregard for the truth (or worse). The statements are not reasonably in line with the purpose of promoting the common interests of the community.

If the Association is forced to take legal action against you, in addition to actual damages for reputation harm, the Association will ask a court to order you to pay punitive damages to the fullest extent permitted by law.

If you retain a lawyer to represent you in this matter, please do not reach out to me directly and have your attorney contact me instead.

Very truly yours,

Shirley M. Steinbach, Lerch, Early, & Brewer, 7600 Wisconsin Ave, Suite 700, Bethesda, MD 20814. LerchEarly.com

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October 22, 2021

Dear Ms. Steinbach,

I received the letter of October 7, 2021, objecting to the “Living on Cuckoo Court” collection of essays that I’ve posted online (tinyurl.com/CuckooCourt). Readers should also be aware of my opinion piece, “Pandemic a Boon for Debt Collection Attorneys,” published by Maryland Matters on September 23, 2021. I am not publishing fiction. My aim is to report the lived experiences of Quail Valley residents, to stimulate participation and discussion, and to encourage a more transparent, accountable, and compassionate government for this community. Neighbors have shared HOA correspondence that corroborates their testimonies, doing so despite fears of retaliation (such as the letter of October 7, above, addressed to me) from their own Quail Valley Homeowners’ Association.

In the United States of America, the people have a First Amendment right to criticize their government. Citizens are free to opine about, report, question, and protest the actions of a local government, such as a homeowners’ association. The First Amendment covers a broad range of expression, protecting our freedom of speech from censorship by elected officials.

I would be remiss if I didn’t yell from the hilltops when our HOA harms (by its actions) or endangers (by its negligence) “the health, safety, and welfare of the residents.” The quote is from the Quail Valley HOA’s Articles of Incorporation, page 9. For example, when local elected officials take an anti-science position by countermanding CDC guidelines during a deadly epidemic, they are indeed “endangering residents’ lives.”

I have invited, and continue to invite, any reader to point out any factual error in my citizen reporting, which I would strive to correct. Elected officials can debate, but cannot squelch, such civic discourse.

Be well,

Steven Sellers Lapham, 21-year resident of Quail Valley

18737 Purple Martin Lane, Gaithersburg, MD 20879 USA