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While I've always been a big proponent of free speech in HOAs I fear
this decision isn't as broad ranging as it could be.
>From the article: The decision referred to McKenzie's comments that
Twin Rivers' centralized business district "looks and feels like a
town," and that the Twin Rivers Homeowners Association delivered "a
broad range of traditional municipal services to its residents."
Many, if not most, HOAs don't have business districts. This fact alone
could prevent this ruling from being broadly applied. Similar rulings
have been handed down against company owned towns in the past and form
some of the foundation of free speech laws.
The article clumped three complaints under the heading of freedom of
speech. The first was political signs. I've posted previously that
HOAs should be bound by the first amendment in the case of political
signs because of compelling public interest. California solved this
problem in the legislature and not in the judiciary.
The second issue is access to the common meeting room. This should be
guaranteed simply because it is commonly owned property, I do not see
this as a free speech issue so much as a property rights issue,
certainly on its own I cannot imagine it would trigger a constitutional
argument.
Access to the newsletter is a tricky issue. The newsletter should be an
instrument of the board to report status. If it is used in this
narrowly defined context then I cannot see a court requiring the board
to open it up for other purposes. However, if it is used by the board
to distribute opinion, smear homeowners or promote the board members
then I can see a free speech issue. I'd prefer to see a newsletter
shut down rather than used in such a manner. An entire committee would
have to be created simply to manage the newsletter and make decisions
on what content was acceptable based on some set of rules that would
need to be defined.
You could make the same argument about HOA sign boards that are
intended to announce meeting times. Should they be open to the
association members? What restrictions would you place on them? How
would you manage their use?
It is nice, however, to see the judiciary rule against the HOA
establishment.
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Re: HOA BIG LOSER IN COURT BATTLE !!!
