Legal Question in Technology Law in California

My homeowners association will not allow me to create a blog

I want to create a blog the residents of a southern california townhome homeowners could exchange ideas, so I sent an email to the board just letting them know I was going to do this and they told me I couldn't, is this legal and what could happen to me if I went ahead?


Asked on 11/12/08, 6:24 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: My homeowners association will not allow me to create a blog

Tell them to pound sand, there is nothing improper about the concept. Just don't allow slander or other improper use. They don't have to provide you with any help or information about other residents.

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Answered on 11/12/08, 6:55 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: My homeowners association will not allow me to create a blog

Check your CC&Rs before you do your blog... there may be restrictions on your public speech about "internal" matters of the organization. You may also be restricted from using the NAME of the organization or development as part of the title of your blog.

There may also be privacy and defamation issues, depending on what you plan to post on this blog.

Beyond that...I don't think any court would issue a restraining order against your exercise of your right to freedom of expression.

I represent bloggers and website operators, so I can help if you decide to proceed.

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Answered on 11/12/08, 7:54 pm


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