Updated: Jun 8, 2020
A recent article from ABC 15 recently relieved that a Homeowners Association in Gilbert, Arizona has tried to make its residents not speak badly of their board members.
According to the article, the community set up a Facebook page to discuss community matters such as lost dogs, events and the like. When elections came up for board members seats, however, the discussions got heated.
To make matters worse, there was apparently retaliation to some members of the community from the HOA for what was said.
Some time after, the community page organizer as well as many other members of the community, got a letter from an attorneys office telling them that they cannot speak malice of the HOA board members and to take their comments on the Facebook page down, otherwise they could face a $250/day fine from the HOA.
The HOA, of course, is over-stepping their bounds and will find themselves in trouble if they violate citizens first amendments rights to speak their minds. The board members will likely base their claims on hate speech but will quickly find that they have no ground to stand on.
If you face an HOA that oversteps such as this, you do not have to take it. Seek legal council to ensure they are not violating any laws.