Q: Recently my Home Owners Association created a Resolution that limits my freedom of speech.
AND NOW BE IT RESOLVED, that only Board Members or the Board’s agents may use the names, addresses, phone numbers or email addresses of homeowners for correspondence activities. Should any unauthorized individual use the contact information of homeowners on his/her own, a $50.00 fine may be levied for violations of this resolution per occurrence. This information is confidential and should be treated as such. Many in our community do not want their personal information used for any reason other than official HOA business..
Is this legal? If I use a BCC, no one sees the addresses. The Board is misappropriating money. People should know that. Thank you for this service.
A:
The HOA could make the argument that their resolution is in place for the protection of privacy, not the infringement of First Amendment rights.
Tim Akpinar
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