NV supreme court upholds HOAs as public forums

Last week the Nevada Supreme Court, in Kosor,[i] citing California Davis-Stirling law and Damon[ii] and Kite Hill[iii] opinions, affirmed HOAs as public forums. Issues relating to HOA governance are matters of public interest protected by free political speech.

In short, legitimate and valid criticisms of your HOA and its president and board are protected from HOA lawsuits of defamation and libel. At heart: Are the statements made in good faith and truthful?

Kosor filed an anti-slapp motion in defense that argues that the statements at issue were protected under free public speech —  statements that were of general interest to the public.  In summary, here’s what the Court upheld, following California’s rulings and law.

Accordingly, we conclude that Kosor met his prima facie burden to demonstrate that the statements in question were all made in public forums on a matter of public interest.

“Nextdoor.com post qualifies as a public forum for the purposes of anti-SLAPP protections. . . .these steps [Kosor’s statements] do not seem to differ significantly from that which might be required to view posts on Facebook; that is, a post on Nextdoor.com is as compatible with expressive activity as one on the other platform, which we have already held can support a public forum.

“The HOA here is no less of ‘a quasi-government entity’ than that in Damon, ‘paralleling in almost every case the powers, duties, and responsibilities of a municipal government.’”

“it appears that Kosor’s post, like his HOA meeting commentary, campaign flyer, and printed letter, sought to open conversation among Southern Highlands community members and enlist their participation in the community’s decision-making process.

Does your state protect your right to dissent in an HOA?  Why not?

References


[i] Kosor v. Olympia Companies, NV No, 75669 (Dec. 31, 2020).

[ii] Damon v. Ocean Hills Journalism Club, 102 Cal. Rptr. 2d 205 (Ct. App. 2000).

[iii] Cohen v. Kite Hill Cmty. Ass’n, 191 Cal. Rptr. 209 (Ct. App. 1983).

Escaping the HOA cult environment

There is a mass psychology present in HOA-Land — a cult environment. Everyone is vulnerable to cult recruitment. The followers cannot be held to blame because of their deceptive recruitment. There is a lack of awareness and information in regard to how the cult truly works and how it motives people.

Escaping the conditioning and indoctrination that creates the cult  mentality can be accomplished through debriefing techniques. The goal of debriefing is to get the cult member to think for himself and re-evaluate his situation. Debriefing methods can include:

educating the cult member on thought-reform techniques and helping him to recognize those methods in his own cult experience

asking questions that encourage the cult member to think in a critical, independent way, helping him to recognize that type of thinking and praising him for it

attempting to produce an emotional connection to his former life by introducing objects from his past and having family members share their memories of his pre-cult existence

Read more at Cult behavior within HOA-Land; Rogue presidents: Trump and HOAs.  The reorientation and reeducation required to attain substantive HOA reforms can be found in A Plan Toward Restructuring the HOA Model of Governance.

Failing to achieve substantive HOA reforms

Is there a way out?  Definitely yes!

It is not by going to state legislatures to be repeatedly rejected, or given token reforms but with no substantive redress of grievances. It is not by repeatedly expecting the courts to do homeowner justice in spite of the strong stare decisis precedent of pro-HOA laws and public policy favoring HOA-Land. It is not by expecting law colleges to provide a balanced educational program in law for students that includes HOA constitutionality.

And it is not by hoping that the media — granted special 1st Amendment protections to inform and educate the citizens on political matters — will measure up and so present the whole HOA truth that has been so long hidden from the public.

As a result of my 21 years of activism and advocacy for HOA constitutionality, and my education and detailed research, I have come to understand the greater social and political forces at work. These forces that have led to the current culture and environment surrounding the HOA legal scheme and structure. They are detailed in my “The HOA-Land Culture.”

Read more at Cult behavior within HOA-Land and Plan to Restructure HOA model.

HOA limited-purpose public directors and officers

I just viewed the live Arizona appellate  court oral arguments in Tarter v. Bendt (CA-CV 19-0703 (Ariz.App. Div. 1 (2019)) and found it very informative. I have attended AZ SC oral hearings before but not an appellate hearing.

Bendt’s (defendant homeowner) attorney did an excellent job given the fact that she wasn’t the trial court attorney.  I was very pleased to hear her arguments on limited-purpose public person that I missed over these years.  Her rebuttal on free public speech was excellent!  As you know I’ve posted a few cases on this issue that, in general, addresses the topic that HOAs are public forums subject to free political speech protections – you can criticize your HOA within limits.

limited-purpose public figure is either:

“One who voluntarily becomes a key figure in a particular controversy, or one who has gained prominence in a particular, limited field, but whose celebrity has not reached an all-encompassing level.”

Two examples of holding HOA directors and officers subject to free speech doctrine can be found in Dublirer v. 2000 Linwood Avenue Owners Assn (NJ Supreme Court, 2014) and in Cabrera v. Alam (Cal. App. 4th (2011).

This case, although involving an HOA president’s conduct, Tarter, who is also a lawyer,  is really an issue of defamation by the president against Bendt. The argument by Bendt’s attorney is that the HOA president is a limited-purpose public figure as described above and there was no valid defamation according to law —  no malice. Malice being defined as: knowing that it is false; or acting with reckless disregard for the statement’s truth or falsity.

It is very informative that anyone thinking of suing his HOA should watch the oral arguments and see how harsh and strict the court demands supportable and defensible evidence. And how your attorney must be able to respond to questions by the judges and arguments by the HOA.

A MUST VIEW AT  TARTER. (45 minutes; the last 5 minutes present the public forum argument by Bendt’s attorney).

Cult behavior within HOA-Land

There is a mass psychology present in HOA-Land. Mass psychology is a study of how your behavior is influenced by large groups of people — “birds of the same feather flock together.” It is the result of the longtime conditioning and indoctrination into identifying with the principles and beliefs promoted by the CAI School of HOA Governance. Following the advice and guidelines of cult experts to focus on the need to reeducate cult followers, my Plan to restructure HOAs begins with the need to reorient the BOD and the members away from the CAI School doctrine. This is a critical first step toward substantive HOA reforms!

Everyone is vulnerable to cult recruitment. The followers cannot be held to blame because of their deceptive recruitment. There is a lack of awareness and information in regard to how the cult truly works and how it motives people.

Read the paper, Mass Psychology and Cult Behavior Within HOA-Land.