Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?
I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.
A: The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press."
This means that your HOA president cannot stifle your right to free speech, or retaliate against you for exercising your free speech rights.
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