Spouse Free Speech
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SPOUSAL FREE SPEECH

QUESTION: My husband is a board member. I want to do a mailing and posting on a website expressing my concerns about board and property management actions, non-actions, unethical behavior, secrecy, and lack of fiduciary duty (my husband is not a part of the behavior). Can I do this if my husband is a board member? 

ANSWER: You do not give up your rights as a member when your husband goes on the board. That means you can speak during Open Forum, mail letters, talk to owners, make phone calls and post information on websites. However, your actions may significantly impact your husband’s ability to work with fellow directors. A little discretion on your part can go a long way.

Potential Liability. A director's spouse must also be cautious about potential liability from board confidences and defamation. Free speech is not entirely free; it has limitations.

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