FIRST AMENDMENT RIGHTS? NOT IN COMMUNITY ASSOCIATIONS!

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published June 1, 2019

On many different occasions we have discussed the fact that the US Constitution is not valid in community associations. Community associations are regulated by contract law, which means that our rights as citizens -- normally protected by the Constitution – can be trampled upon by power-hungry board members who don’t want to hear any criticism, no matter how badly their actions affect the members of the community.

Admittedly, our First Amendment Rights are nowadays often abused, because personal insults, name-calling and even slander shouldn’t be defended by the rights of “FREE SPEECH”, even if it seems to be accepted by today’s society.

But if a community association board is passing a “CORPORATE RESOLUTION FOR COMMUNICATIONS” that more or less limits the ability of owners to communicate with the association staff they are paying for. If a board threatens to fine owners for even attempting to approach the board or staff members – even in a respectful manner – it’s in my opinion going much too far.

If owners are trying to complain about things regarding the management of the association there is often a pretty good reason – anf the board members might want to look in a mirror to see who is really at fault.

I don’t think a board is doing a good job if they are passing a resolution that tells owners more or less to: “Shut the F… up. We don’t want to hear your Cr..!” (I learned that language on the social media).

In my profession the saying goes: 'If you can't stand the heat, get out of the kitchen'!

A board has lots of power – and is even able to totally ruin a family’s finances as we have seen many times. That being said I strongly feel that owners who feel that things are going wrong in the community should have the right to voice their criticism – in a respectful manner, without having to jump through all kind of hoops in order to be “allowed” to voice their opinion.

Here is a recent example of -- what I think -- is a "Shut Up" resolution, sent to the owners of the condominium association of the RENAISANCE OF POMPANO BEACH, INC.

CLICK HERE TO READ:

CORPORATE RESOLUTION FOR COMMUNICATIONS


Wouldn’t you agree that it is a shame if board members treat the paying members of the association in such a manner?


NEWS PAGE HOME

LEGISLATIVE SESSION 2019