“In a recent opinion, the California Court of Appeal decided that a builder cannot use the anti-SLAPP statute to circumvent fraud-based claims where there were misrepresentations by the builder to the homeowners association regarding repairs for defects at the project.”
The use of the anti-SLAPP statute was doomed from the start, but it was a novel attempt. During the time that the HOA board was still dominated by the developer’s own employees, it voted to charge the members for certain repairs. A later Board determined that the developer was responsible for the repairs, and sued to recover the costs of the repairs. The developer brought an anti-SLAPP motion, unsuccessfully claiming that the vote of the developer-dominated Board was protected speech.
See on www.lexology.com