THAT’S JUST POLITICS! WHEN FREE SPEECH MEETS QUASI-GOVERNMENT HOAs

BY: A.J. JAHANIAN, ESQ.

At the June Education Luncheon, we delved into the complex topic of “free speech” within homeowners associations (HOAs). A.J. Jahanian, Esq., a partner with Beaumont Tashjian, and Ami Reynaga, community general manager with FirstService Residential California LLC, began with an overview of the First Amendment of the U.S. Constitution and its relevance to HOA communities, emphasizing that while the amendment protects an individual’s right to free speech, it primarily restricts government action and not private entities like HOAs.

A significant portion of the discussion focused on practical examples of speech in HOA contexts, including the display of flags, political signage, and other forms of expression. We examined the legal framework governing these forms of speech, noting that HOAs can impose reasonable restrictions as long as they do not infringe upon residents’ rights.

We then addressed the fine line between protected speech and actions that could be considered defamatory or harassment. Examples included spreading false information about neighbors or engaging in behavior that creates a hostile living environment. We stressed the importance of distinguishing between legitimate free speech and conduct that undermines community harmony.

To help HOAs manage speech-related issues, the presenters recommended several strategies:

• Adopting Clear Policies: HOAs should establish well-defined policies regarding permissible speech and displays within the community.

• Meeting Codes of Conduct: Implementing and enforcing codes of conduct for meetings can help maintain order and respect during discussions.

• Fine Policies: Developing fair and transparent fine policies for violations can deter inappropriate behavior without stifling free expression.

While protecting free speech is vital, HOAs must balance this with maintaining a respectful and harmonious community environment. By adopting thoughtful policies and clear guidelines, HOAs can navigate the complexities of free speech while promoting a positive living experience for all residents.

A.J. Jahanian, Esq. is a partner with Beaumont Tashjian who devotes his career to serving common interest developments. He can be reached at ajahanian@HOAattorneys.com.