Frisco homeowners association, residents in free speech fight | Dallas Morning News | News for Dallas, Texas | Frisco News: "FRISCO – It started as a typical neighborhood tussle, a disagreement over screening bushes and air-conditioning units. But now, the arguing between the Frisco Fairways Homeowners Association and three of its residents has erupted into a full-blown legal battle over free speech that may have ramifications for members of homeowner associations across Texas... The suit alleges that in their online postings, Mr. Snell, Mr. Doumani and Mr. Macari stated or implied that the board lied to association members, engaged in questionable financial dealings and acted unethically. It also claims they posted private information about board members. Charles W. Branham III, an attorney for the defendants, said the board is trying to stifle free speech and must prove that the messages were false, defamed reputations and were posted with malice – the ingredients for a successful libel suit. "
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This type of lawsuit could become more common. It will be interesting to see how the courts treat these claims.
1 comment:
California courts have applied the state's statute against strategic lawsuits designed to chill public speech and participation in the context of HOA governance, initially in 1998 in Foothills Townhome Association v. P.M.C. Trust Estate (citation) and in 2000 in Damon v. Ocean Hills Journalism Club, et al.(citation).
These rulings recognize HOAs function as governments as recognized in Cohen v. Kite Hill Community Assn., (1983), 142 Cal.App.3d at p. 651 and therefore freedom of speech and right to redress must be protected from SLAPP litigation.
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