Tiverton, RI asked in Real Estate Law, Civil Rights and Constitutional Law for Rhode Island

Q: The HOA has made rule that we are not allowed any type of mass communication. to other owners without their approval

They removed all owner contact information from our website

Is that legal

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In addressing the legality of a Homeowners' Association (HOA) rule restricting mass communication among owners, it's necessary to review the governing documents of the association, such as the bylaws and covenants, conditions, and restrictions (CC&Rs), as well as state law. HOAs do have the authority to establish rules to manage and regulate community operations, but these rules must be reasonable, not violate any laws, and be within the scope of the HOA's powers as defined by the governing documents and state statutes.

If you believe this rule infringes upon your rights, you might consider seeking a review of the HOA’s actions. Legal recourse can often include engaging in dialogue with the HOA board, mediation, or possibly legal action if the rule is found to be overreaching or infringing upon owners' rights without a valid basis.

It’s also worthwhile to examine whether this rule was adopted following proper procedures and with adequate notice to the homeowners. Consultation with a legal professional who has experience in HOA matters can provide guidance on how best to proceed.

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