Community Code Of Conduct
Hello.
Does a HOA/POA Board have the authority to pass a resolution forcing a Community Code of Conduct on Owner/Members with ambiguous and subjective restrictions to Free Speech with penalties and fines?
Thank you, Cindy
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Cindy,
Codes of conduct are a hazardous tool, often advocated by association attorneys, if misused. Unfortunately, most are drafted in a way that allows a board member to essentially censor any speech by homeowners in opposition to the board’s positions. These communities are quasi-governmental organizations and, as such, are always subject to the restrictions and protections of the Constitution’s Bill of Rights. Many attorneys have argued that because these associations are incorporated, they are not subject to the Constitution. Their claim is false because these communities are incorporated simply for convenience and tax purposes, and have no resemblance to any corporation. No corporation has mandatory membership, and no corporation draws all its income from mandatory assessment of the homeowner members.
Regardless of its code of conduct, the association has no authority to restrict the free speech of its members. Having said this, I believe that the association has the right to establish rules for the civil interaction of the members and the board and any agent or contractor of the association, as long as those policies apply equally to all parties and do not burden the fundamental rights of the Constitution.
Dennis