QUESTION

Can I use negative publicity to compel and HOA to rescind a rule?

Asked on Sep 01st, 2016 on Real Estate - California
More details to this question:
I live in an HOA in California that has a rule against using HOA facilities for any religious or political purpose--such as reserving a club room for a weekly prayer group or a monthly meeting of the Democratic Club. Setting aside the legality of this rule, or the prospects of successful litigation against it...what about using negative publicity? Since truth is an absolute defense against an accusation of libel, would there be any restriction to simply putting out a press release stating the HOA's rule and that many residents are opposed to it? Also, is telling the HOA that you intend to put out such a press release unless the rule is rescinded a violation of law--i.e., some kind of unlawful threat? I'm not aware of any restrictions in the CC&Rs against public disclosure of HOA rules. Thanks.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes, negative publicity is available to you, but it is unlikely to do any good. The HOA Board won't care. Better get statements of support from "many residents" in advance. When the controversy is joined, you might have few if any supporters. Most HOAs allow owners ot use common rooms at no charge if they clean it up or might charge a small cleaning fee. No rent. If an owner is using a common room for the owner's own religious or political meeting, there is no additional fee. That means that the HOA assessments paid by each owner are paying for the general maintenance, utilities and reserve fund contributions for that use of the common room for a religious or political meeting. Some members may object to their dues money being used to support a religious message or political point of view with which they disagree. Once this subject starts getting discussed, you might find that you have less support than you think. Try a petition. If you get enough signatures, that might persuade the HOA Board to change the policy. If you get a lot of support and the Board does not change the policy, then elect a new Board. The HOA Board has a tremendous amount of discretion in enacting such rules or making such decisions. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Sep 07th, 2016 at 10:23 AM

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