Posted on 02/03/2020 2:25:59 AM PST by Mount Athos
A Gilbert HOA is accused of trying to restrict its residents' first amendment rights on Facebook by threatening fines and penalties if residents post comments that frame the board in a negative light.
"Considering you're talking of a fine up to $250 a day and revoking your privileges at our clubhouse here, suing us with our own money, that's pretty unfair," said resident Mark Skarupa.
It all began last year during board elections in the Val Vista Lakes Community off Baseline and Val Vista roads.
People in the community were talking on a private Facebook page called “Residents at VVL” and posting critical comments about board members and how the HOA was being run.
Nardecchia lives in the Val Vista Lakes (VVL) community and since 2019, she's been the administrator of that Facebook page.
"It's all about bringing that community together," said Nardecchia.
It's your usual neighborhood page, full of events, lost dogs and safety updates. But when board elections kicked off last year, the debate over who should be seated got heated.
"It was disagreements about how certain members of the board run the board, where they're spending our money, things of that nature," said Nardecchia, recalling the posts on the page during that time. Those disagreements played out in the comments on the page.
Following the elections, the board proposed a social media policy restricting opinions about board members on Facebook.
It was dropped after a massive outcry at a community meeting.
Then a dozen residents received a letter from a law firm hired by the board earlier this month, threatening daily fines and taking away access to community amenities for the comments on social media.
All of the legal costs were paid for by resident HOA fees.
"They are asking me to basically censor the speech of the 650 members that belong to that page," said Nardecchia, who also received one of the letters.
"Clearly it's an overreach by the board," said Keith Faber.
Faber, a 10-year resident of the community and former board member, received a letter, too. He says the board has no right to restrict free speech on a private Facebook page.
"It's improper and they need to address, and maybe there should be some resignations," said Faber.
The letter demands posts that are disparaging, speculative or defaming to board members be removed immediately. It also cites past incidents including posts that said that board members altered or manipulated votes in annual elections and that board members purposefully retaliated against members in the association -- opinions that now come with consequences.
"It's kind of difficult to understand who is being served here," said former board member Ken Hassen.
Mounting frustration from the community forced the board to hold a closed-door meeting with their attorneys Thursday.
Those protesting outside the closed-door meeting question why HOA dollars are being spent to keep community voices silent.
"They cannot impact our first amendment rights," said resident Sharon Maiden.
After we continuously pressured the board, another letter was sent out Thursday, retracting their previous threats.
But some say the letter didn't go far enough.
"They sent another letter that still contained threatening language, they have not apologized and no one has resigned," said Maiden.
When the board meeting ended, we went to get answers in person.
"Do you guys have anything to say to the people who got the letters?" ABC15’s Cameron Polom asked.
"You know we did some work... they'll have a comment soon," said treasurer James Rosebrough.
"A lot of people have said you're using HOA fees for your own benefit rather than the communities, what do you think about that?" said Polom.
"Yeah that's false," said Rosebrough.
Then we approached Director Todd McCoy.
"I'd like to ask you a couple questions," said Polom.
"I have no comments for you, get away from me, get away from me," shouted McCoy.
After being shoved, Polom reiterated to McCoy that the community is very upset with the board’s actions to which he replied, "I don't care."
The board president refused to leave the building and answer questions.
Even prior to the meeting, residents began circulating a petition to have the president and vice president of the board resign.
Residents also say the board members should have to pay back HOA fees paid to the attorneys who advised the board on the letters.
HOAs are communism.
A rogue HOA....I’m, I’m shocked. Shocked I say.
Why would anybody agree to live in an HOA?
Besides stupidity, I mean
Who do these people think they are???
The DNC??
This is why you sue people I individually in their fiduciary capacity rather than just the HOA.
I caught our local music municipality using the spouse of a council member as the solicitor for the municipality. The Bar didn’t like the conflict and neither did the state. It nullified all the council members votes due to conflict of interest.
Freaking spellchecker and my bad eyesight..
Sorry
I’ve experienced something quite similar in my condo complex. Condominiums,coops and HOAs are Commie organizations!
Nonsense. They are just like any organization.
They reflect the quality of the people in it, for good or bad.
I’ve had my own issues with HOA boards as an outsider (professionally), but I will say that about 95% of the complaints I’ve heard about them are from owners who simply don’t understand how the law works and why things need to be done a certain way.
I live under a decent one - convenience of maintenance and facilities...insurance for main structures and maintenance on them plus anything their failure may damage in your unit, cheaper insurance because only have to insure from the paint on the walls in...and good stewards of the funds with meetings and voting on any issues that may come up.
Many may rob and abuse their tenants but the one we have is superb - even takes actions to keep things like Black Spring Break from disrupting the residents who live here full time by setting standards for those who have pure rental units.
Bet the board members in question are ardent Democrats.
It’s never ‘your’ property.
I live in an HOA governed community near Washington D.C. , and almost all of the board members are ex-military or retired from civil service at the Pentagon. The way they spend money is just the way they did when working for the government. They make absolutely no attempt to negotiate a contract for anything, but they put great emphasis on the process of bidding, and drafting ridiculously detailed contract specifications without the slightest understanding of what performing the job actually entails. It dosen’t matter that all the bids are inflated because of our reputation, or that the laboriously crafted specs are complete bunk, it’s the process that counts. Not one of them has actually had to run their own business or manage a budget or face completion, because they all worked for Uncle Sam.
We have a dem. running our HOA. One home owner has a Trump Flag flying under his American flag. Word is that they are re-writing the HOA rules to not allow it.
We will see.
“Black Spring Break”
Daytona beachside is a fun place to be during that little event.
Just to give an opinion from the other side...
People lie on social media. Last week I saw a post charging our board members with endangering the lives of the residents, particularly children.
It seems that our board wants someone who put bars on their windows to take them down. Since it was an exterior change to the property they had to apply for ACC approval. They didn’t. Additionally bars on windows are specifically prohibited in the docs.
As an aside, we live in a low crime area and about 10% of the residents are LEOs who park their official vehicles in their driveways. The resident in question owns a store that sells drug paraphernalia.
The board has asked him to remove the bars. He is being fined $250 every 10 days he is not in compliance. He is closing in on $10K in fines and legal fees.
BTW, this is the first home you see at the entrance to our community. It is pretty much unanimous that the bars have to go.
So this resident has launched an arrack on our board members through social media. He has accused them of promoting child sex trafficking, endangering children and of being pedophiles.
While our board will not censor the community, they can understand the desire to.
The posted story fails to say what the residents were posting on social media. It could be heinous lies. In any case, you have a first amendment right to post your opinion, but not a right to lie.
Another example of “criminal government” and yes, an HOA is a government.
JoMa
I’m assuming that “fun place” is a tongue-in-cheek description...but after the first few bad ones in the Biloxi area, they clamped down and have managed to keep it fairly “peaceful”...Our HOA has edicted that during certain “festivities”, renting for less than a week is a no-no which has helped keep our community in good shape for them.... earlier years had a lot of loud and rambunctious folks invading it for 3-4 days...also trashed some of the rentals so there wasn’t any pushback from those who still use their units as rentals - we’re up to over 65% owner-residents now and it keeps moving in that direction so we’re turning into a rather peaceful retirement community.
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