HOA Board denying residents first amendment rights

Our board recently sent a notice to all residents that stated that the social club volunteers can no longer send emails out to the residents informing them of upcoming events and updates. An HOA board should be conducting and focusing on the BUSINESS of the community and should have no jurisdiction over social club activities & community-wide events. Is this a violation of our first amendment rights?

Is the “social club” an official part of the HOA? Ie, my HOA has a Social Committee, which has a charter, and it is funded by the HOA. They occasionally make use of the ‘blast’ email function to inform the neighborhood of upcoming events.

Is your “social club” an unofficial group that has no official ties to your HOA? I suspect that what you are describing is a situation where an unofficial “club” has been informally piggybacking off of the HOA’s email services and sending messages out to the neighborhood. And the HOA doesn’t want to deal with it anymore. I can easily imagine this happening, and it’s not illegal, and it actually makes sense to not provide free email services to anyone who asks. Additionally the HOA has a legit interest in controlling what goes out as an official HOA communication. And so your HOA has sent out a notice advising “no more of this!”

It could be that I’m wrong, and the HOA is proclaiming that this unofficial “club” is not allowed to send email to residents - even using their own private email. This would be ummm peculiar. It would not be a violation of first amendment rights, but it would have no binding force, and I think it would be unwise for the HOA to attempt to fine someone over this.

For the sake of completeness: if the HOA is announcing that the official Social Committee is no longer allowed to send email to residents about upcoming events? That’s … just bizarre.

Bill

First, I want to thank you for your quick responses. I should have provided more info when I initially reached out.
The Social Club is comprised of volunteer residents and receives NO funding from the HOA. We maintain a checking account, which is reconciled, reviewed and approved at each monthly meeting. We are not a registered entity (checking account is in 2 resident's names and earns no interest on the balance. When we occasionally charge for an event, it is to cover costs. Most of our events are free of charge. There is nothing in the CC&R's about the board having any involvement in the social aspect of our 55+ community. During the year, we purchase and donate supplies and equipment to the HOA Clubhouse. Most recently, we donated 6 new banquet tables, coffee pots, a hot pot, Holiday decorations, etc. The gmail address we use is the name of the club and has been sending out announcements and reminders of future events for a very long time. The Contacts are all residents who requested to receive our emails. Most recently, the board demanded that we provide them a charter. We asked for the documentation in our Declaration and ByLaws that requires the club to comply. The matter was dropped. I suspect that this recent attempt to censor us will be dropped, as well. No good deed......!!

Perfect response.

I think the Board might indeed do this. In which case the social committee has to send a series of demand letters, starting with a polite note explaining why the Board cannot lawfully do this.

The only issue I see is be sure they have individual permission to receive notice by email.