Adams Stirling PLC


COMMENT: SO-CALLED "anti-harassment resolutions" violate both the statutory and constitutional rights of the homeowner. EVEN if the homeowner uses yelling and profanity, it's protected speech. -Newsletter Reader

RESPONSE: If you try that in an open session of Congress, a city council meeting, or a court room, you will quickly discover that your free speech rights are not unlimited. It is never appropriate to yell and use profanity in a board, committee, or membership meeting.

Free Speech Bullies. Free speech bullies seem oblivious to their own bad behavior, or worse, revel in it. Boards should always listen to membership concerns and be patient with members who get emotional. However, boards do not have to put up with abusive behavior, harassment, personal attacks, obscenities, defamation or threats. There is no "First Amendment right" for bad behavior. Persons who engage in it can be ejected from meetings and, following due process, fined for their disorderly conduct. (Robert's Rules, 11th ed., pp. 645-648.) If necessary, boards can seek restraining orders against persons who threaten and harass boards.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC