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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.