Legal Question in Real Estate Law in California

Question: Our HOA By-Laws contain the following:

"Soliciatation, religious distribution, written personal opinions and/or written polital statements of any kind by any person, business, homeowner, etc., are strictly prohibited without the prior approval from the Board of Directors, except for the following: Homeowners childrens fundraising efforts are allowed.

During an Association election, homeowners running for office/position will be allowed to solicit votes via canvassing or written letter.

Any person, business, homeowner etc., found to be in fiolation of this rule may be subject to a fine of up to $500."

Is it legal to keep homeowners from contacting their neighbors, regarding issues within the community, or voice opions about them? Isn't this a of restriction of free speech? Can HOA's really do this?


Asked on 4/16/11, 8:52 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Glad you spotted this in the by-laws before you purchased the property. Tell the seller the deal is off.

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Answered on 4/16/11, 9:10 pm
George Shers Law Offices of Georges H. Shers

If there is nothing else in the rules, these provisions are so broadly an abridgment on free speech [means you can not tell your spouse "the president looks relaxed on TV"] that they are completely unenforceable.

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Answered on 4/17/11, 6:57 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sure sounds like a prior restraint on free speech, in violation of the First Amendment.

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Answered on 4/17/11, 9:56 am
Anthony Roach Law Office of Anthony A. Roach

The First Amendment prohibits government restrictions on the freedom of speech, not private HOA restrictions on the freedom of speech.

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Answered on 4/17/11, 4:49 pm


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