Wednesday, January 06, 2010

There is (Qualified) Freedom Of Speech in a HOA/CID Community

Posted by CotoBlogzz

According to a story in titled Resident: HOA Threatens To Break Into Home Bill Elliot and his girlfriend, Mary Ann Frye, “ a South Florida couple said their homeowners' association has threatened to break into their home to remove a sign posted in a window,” in a single-family home in Aruba at the Oasis in Homestead.  “The couple said the house is infested with Chinese drywall, and they want Lennar to buy them out so they can move on.” 

The offending sign at the Aruba at the Oasis HOA

At first Elliot's homeowners association sent a “dear resident” letter reminding him he could have no signs, displays, advertisements or lettering without association approval, followed by the all too familiar nasty lawyer's letter warning him that if the signs do not come down, the association will come and remove them.

Author George K. Staropoli comments on the story saying “"We have the right to tell people how we feel", said Mr. Frye.  WRONG!  Not in an HOA that is not subject to 14th Amendment protections as required of all other political government entities.  All this reform legislation is about RESTORING individual rights and freedoms unknowingly, and without explicit consent, taken away by the HOA "agreement."

Note the neutral quote by the  Proliakoff attorney, whose principle is a highly active pro-HOA lobbyist in Florida: Gee, I never saw that one before (my interpretation) .  Note there is no outcry about violations of free speech, or the loss of fundamental rights and freedoms within HOAs by this attorney.”

Then Staropoli issues the following warning:  “Wake up folks!  The neo-Americans have not only created un-American private governments, but support them as well. Ask your legislator why he is allowing this to continue?  Tell him that it's time to stop this repudiation of American values and principles for property values.”

All is not lost,  based on  the recent  Aliso Viejo’s Vista Pointe Ridge Homeowners Association successful Code of Civil Procedure section 425.16 (SLAPP) motion to strike a complaint by Jeffrey M. Turner and Nanette K. Turner. The Turners appealed and the Court agreed with the Turners.

The Turner case not only sheds light into how a homeowner can exercise his or her freedom of speech against the local governance and still be protected by SLAPP, but we view it as a step by step guide detailing  “how to exercise a qualified freedom of speech in a common interest developed” community.  When we brought up this issue, Mr. Staropli’s response was:  “Good point.  I believe Florida has such a law.”

No comments: