President's legal action to shut down resident run community website cost HOA $5,000 in legal fees to homeowners in this unsuccessful bid.
TheWoodlandsTamarac.com had been operating for 3 years providing news for the community in Tamarac Florida. It had several disclaimers on it that it was not affiliated with the HOA
At the May 2013 HOA Meeting after the HOA President hired an attorney to
serve a resident with a cease and desist notice to shut down her website, the President would not allow the homeowner's husband, an attorney, to speak on her behalf at the meeting,
Nor would she allow any other residents to speak.
Her contention was that our Association Meetings do not fall under FS 720 which allows residents to speak.
This is incorrect:
An HOA is a not-for-profit corporation created pursuant to Florida Statute Chapter 617 and regulated under Chapter 720 for, among other reasons, the purposes of owning, managing, maintaining, repairing and/or replacing common property of a HOA community.
From time-to-time over the years, Florida legislature has tried to resolve the differences and conflicts between 617 and 720. There are still a few conflicts but precedent is set that
'If there are any conflicts between the two, the language in Chapter 720 shall control.'
Therefore, forbidding homeowners to speak at our HOA meetings is in violation of FS 720.
Here is footage from the meeting where the President is forbidding the residents to speak