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Question: Real Estate - Florida

Asked on 11/6/2009
Can I write I Hate the name of the HOA that is in my community on my car window and be sued or towed? Does it count as a 1st amm right of speach?
I have been having problems with the HOA in my community enforcing policy on me and not others I feel extrememly harrassed and the managemnet company refuses to get involved. I want to speak my mind and write on my vehicle that the HOA is corrupt, but I want to be sure my car will not be towed or I cannot be sued for having an opinion. These people find it fun like a game to do things here and it is going to take a drastic measure, like me advertising the wrong doing for them to stop.

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Answers (1):

SJZ, Member in Good Standing of the New York Bar


1) Please always remember that the 1st Amendment applies to the government, not to private entities--it does not protect you from actions by private associations.

2) Check you HOA agreement and any other policies affecting your residence in the community; make sure there's not some clause (which you'd agreed to, and hence could be enforced against you) enabling them to penalize you if you disturb the peace, violate certain standards for outdoor displays or signs, etc.

3) Under the law of defamation, you may make provably true statements, such as "the HOA charges $5,000/year in fees." You may also make statements that are clearly nothing but opinion: "I don't like my HOA." But if you make statements that have a factual component but which may be untrue, you could be sued for defamation. Saying something or someone is "corrupt" is more than an opinion--it implies that they took bribes, show favoritism, break the or bylaws, etc. It is a statement of fact, and if you can't back it up, could get you sued.



  • Answered on 11/6/2009
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