Punta Gorda, FL asked in Business Law, Communications Law and Real Estate Law for Florida

Q: Board of directors wants amendment to rules/Reg’s prohibiting a shareholder from delivering an opinion to homes.

Rock Mail is putting a flyer or document under a rock that sits on the steps to the individual shareholders house. Rock mail has been used traditionally in our village for announcing events by various groups within the village. However, over the past few years I have been using rock mail to inform shareholders about issues or problems that are brought about by board actions. Apparently, now they want to silence me and I feel that this amendment to our rules and regulations Violates my first amendment rights. If this amendment were to be passed would it stand up in court and be allowed to stand.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Such a rule would probably withstand a court challenge, but I find it difficult to imagine that the HOA would bother going to court over such a trivial issue.

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