HOAs against protected member speech on social media

In contrast to the authoritative evidence supporting free speech for HOA members criticizing their BODs, the Tinnelly Law firm blog states up front in big letters, “HOA LAWYER BLOG.”  As for the content, the following quote sums up the view of the Tinnellys.

“The lack of regulation on social media communications can cause neighborhood tensions and smear the reputation of a community, causing a negative effect on property values.  This has led many homeowners associations to develop protocols and guidelines with regard to social media. “

(Some research shows Tinnelly is solid CAI with the owners, Richard and Stephen Tinnelly as members, as well as Director Acosta and article attribution to lawyer Kim.)

Read the full 4-page paper at social media free speech

Fair HOA voting at risk in CA – SB 391

In April of this year I urged support (CCHAL in Calif. stands up to CAI) for CCHAL’s (Center for California Homeowner Association Law) opposition to California’s SB 391 that would allow online vote counting with no meaningful homeowner oversight. Another defeat of fair elections as expected in a community claiming to be democratic. At that time, Marjorie Murray CCHAL President, wrote:

“’The Community Associations Institute (CAI) and the property managers (CACM) are still “stretching the truth’ about SB391 (to put it politely.) CAI and CACM keep publishing ads saying  ‘SB391 gives HOAs the right to hold teleconference meetings during an emergency.’ This is FALSE.”

Yesterday Murray wrote in her urgent call to action email,

“SB391 is a dangerous bill – it’s being marketed by the association industry as one that “engages homeowners in governance” when what it really does is strip owners of the right to transparency and accountability in elections.

“SB391 IS NOW ON THE SENATE FLOOR AND WILL BE VOTED ON NEXT WEEK.  BE READY TO PHONE YOUR SENATOR TO URGE ‘NO ON SB391/MIN!”  Please PHONE, don’t email.”

Get with it Californians! Your voice is needed as legislators pay attention to the widespread  voice of homeowners affected by the bill.

CA’s SB 407 is another law providing constitutional rights

I was reminded of  my oversight in not mentioning California’s SB 407 (law in 2018) when referring to California’s constitutional rights legislation.[1]  SB 407 dealt directly with free speech issues while SB 323 dealt with extensions to fair elections.

Thanks to Marjorie Murray, President of the very active homeowner rights organization, Center for California Homeowner Association Law (CCHAL).[2] CCHAL has long fought CAI-CLAC, the voice of the collective CAI legislative action committees in California. (CAI-CLAC opposed SB 407).

CAI-CLAC is very slick in presenting a positive face to naïve homeowners and those seeking info on HOAs in California, known as CIDs. The title of its CAI Government Affairs Blog email release of March 2, 2021 reads, “Grassroots Advocacy Initiatives Are More Essential Than Ever.”  But many readers may miss the important appeal as stated in the email:

“Each year, CAI advocacy leaders engage with and encourage members across the country to connect with their elected officials and advocate on behalf of the 73.9 million Americans currently living in community associations.”.

This is a misrepresentation and a misleading assertion that CAI speaks for all persons living in an HOA in California. NOT SO!  (See HOA homeowner membership in CAI is a mere 36%).  As I’ve repeatedly urged others to do, such statements must be challenged and rebutted.

Notes


[1] See Substantive HOA member rights advances in Arizona.

[2] Murray commented: The California legislation that re-affirmed the First Amendment rights of association owners was SB407, sponsored by the Center for California Homeowner Association Law and carried by Senator Bob Wieckowski. 

Now law, it affirms the rights of homeowners to assemble peacefully, to communicate freely with their neighbors on matters of mutual concern, and to invite others onto the association campus.  It was signed into law in 2018.  CCHAL organized a public forum on the bill after it became law and videotaped the forum. Here’s the link to the text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB407;