Q: can homeowner association board of directors restrict individual homeowners from talking with the press/journalists
my homeowner's association (hoa) president and the board of directors (bod) act as if ALL issues - specifically, talking with journalists for a possible light-hearted article that's essentially, an expanded real-estate/house-for-sale feature focusing on our community's positive attributes -- must first go through the hoa bod for approval. another way to view this situation: as an individual homeowner, do I have the freedom to talk to the press/journalists without seeking the hoa bod's approval? my hoa covenants does not provide the hoa bod with this type of specific power and authority. however, the hoa and bod claim that this falls into their purview since the article may increase crime, which may in turn negatively impact home prices as well as the safety of residents. so, how broad are the hoa bod's powers in this situation? because, conversely, the increased attention from the article may also drive up home values, which also falls under the general purpose of an hoa.
A: No, the HOA has no legal authority to control or prohibit a homeowner from speaking to the press or anyone else.
Scott Scherr and Thomas C. Valkenet agree with this answer
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A: No, and heck no. Of course, if a homeowner's speech slanders or defames members of the Board, there may be individual consequence. Imagine if the HOA sought, by extension, to limit the speech of a homeowner's real estate agent. It is just silly.
Scott Scherr agrees with this answer
1 user found this answer helpful
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