subtle HOA restrictions on fair elections

In Arizona I discovered a large, active-adult HOA that I first thought was quite liberal and emancipated but in reality turned out to be just a benevolent dictatorship. That’s about as good as it can get! Basically, a benevolent dictatorship gives the appearance of serving the members’ best interests by playing on their wishes, desires and, most of all, fears. But the essential structure of the governing documents and state laws create and support a legal dictatorship. Harsh actions and statements are avoided.

As an example, in regard to fair elections, I came across its application for board membership that outlines the duties, responsibilities and attitudes of directors. In short, the BOD through an election committee controls candidate campaigning and what the candidate may or may not say. In the public domain this would be considered outrageous and undemocratic.

Here are a few conditions:

The Campaign and Election Policies have been carefully developed to provide a fair and clean process for candidates and all members. It is expected that candidates . . . will act with the utmost integrity and respect toward all candidates. It is also expected everyone will focus on issues and refrain from negative criticism of any other candidate or group. [This is political correctness and an unconstitutional restraint on political free speech.]

IN THE SPIRIT OF FAIRNESS: [Say what?]

 ALLOWED [my emphasis]

  • Submitting to and awaiting approval by the Election Team before distributing campaign flyers. . . Unapproved campaign flyers will be confiscated and destroyed by the Election Team. [It’s an unconstitutional restraint on political free speech].
  • Placing approved campaign flyers ONLY on designated tables next to the election poster boards in approved locations
  • Attending any . . . community group gatherings . . during the group’s informal assembly time only. [Should be a decision by the groups chair or president].
  • Distribution of personal correspondence through the US Postal Service at candidate’s own cost is allowed after approval by the Election Team. [It’s an unconstitutional restraint on political free speech].

NOT ALLOWED  [All would not pass public fair elections procedures].

  • Using email listings, electronic or websites [of any HOA organization] Addressing a formal . . . Community Group; Participating in formal Q&A sessions and programs other than those sponsored by the Election Team.
  • Using Association facilities for campaign events for individual candidates.
  • Using advertising of any type (other than approved campaign flyer and/or approved personal correspondence).
  • Distributing campaign flyers in common areas except as noted.

There are several court cases upholding HOA political free speech. See Protecting HOA political free speech on matters of general community interest (2000 -2010); Court Decisions May Make it Harder for Condominium Associations to Restrict Free Speech Rights of Owners (2012).

Published by

HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

One thought on “subtle HOA restrictions on fair elections”

  1. Let me guess! The “election team” is either the Board or Board member friends who want to control and manipulate the election. Go even further, notice they do not place the name of who are associated with their statements and dictatorial rules. My advice, sell and escape. This type of nonsense should never be allowed. You are adults and you did not move into a community to be dictated as to what you can say or do. It is the USA, land of freedom and free speech. As long as you state the truth, it is fine and legal. If you criticize someone truthfully, it is fine and legal. They are welcome to do so in return.

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