QUESTION: A fellow came into our office demanding that he be allowed to post religious materials. A board member told him we don’t permit religious or political materials on our bulletin boards. He stated the law covered his materials because we had made our bulletin board public by allowing the posting of business cards. Is he correct?

ANSWER: Your fellow is mistaken. The bulletin board is the association’s private property. The board has the right to regulate the materials posted on the association's bulletin boards. Allowing business cards as a service to members does not make bulletin boards "public."

Related Case. The only case law that might be related addresses door-to-door solicitation. The Golden Gateway court held that associations can prohibit door-to-door solicitors and the distribution of fliers, provided the development restricts public access. If a development is freely and openly accessible to the public, the association cannot prohibit solicitors. Even if your development is open to the public, you could still control your bulletin boards by purchasing glass-covered locking boards.

RECOMMENDATION: The board should adopt written rules regarding what, when and how materials may be posted on bulletin boards. Also, by adopting written rules, the association can impose penalties on those who violate them.