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HOA Board From Hell: Arizona Neighborhood Threatens To Fine Resident For Critical Social Media Posts

   DailyWire.com
Sun City NW of Phoenix Arizona. A community dedicated to a more leisurely lifestyle and unending choices of recreation for the retired, active adult. A community of pristine streets and well maintained gardens.
Matt Mawson via Getty Images

Perhaps the most critical portrayals of a Homeowners Association (HOA) came from the 2006 animated film “Over the Hedge,” in which the president of the HOA, Gladys (voiced by Allison Janney) rules with an iron fist over her neighborhood. Our first introduction to the character involves her chastising a resident for not trimming their lawn in accordance with HOA rules, saying, “The homeowner’s charter, which you signed, says the grass is supposed to be two inches, and according to my measuring stick, yours is two-point-five.”

The movie was made before social media took over our lives. Facebook was relegated to college campuses and Twitter was a year away from really taking off. Now, social media has been caught in the crossfires of an Arizona HOA seeking to punish residents for their First Amendment rights.

Ashley Nardecchia is the administrator of a private Facebook group called “Residents at VVL,” a reference to the Val Vista Lakes community in Gilbert, AZ. She told ABC15 that the Facebook page is “about bringing that community together,” and the outlet reported that it’s mostly filled with people posting about events, lost pets, and safety updates. Last year, however, the page became a place for residents to criticize members of the housing board during the elections.

“It was disagreements about how certain members of the board run the board, where they’re spending our money, things of that nature,” Nardecchia told the outlet.

After the elections were held, ABC15 reported, the board “proposed a social media policy restricting opinions about the board on Facebook.” Obviously, the members of the Facebook page disagreed with the policy proposal.

The board went a step further, sending Nardecchia a letter from a law office threatening to fine her for the critical social media posts.

“They are threatening if I don’t remove any content that frames certain members of the board in a negative light,” Nardecchia told the outlet.

The letter threatened daily fines of $250 and taking away her access to community amenities if she doesn’t remove the Facebook posts critical of board members.

“They are asking me to basically censor the speech of the 650 members that belong to that page,” Nardecchia said.

Another resident, Keith Faber, told ABC15 he received a letter as well for his posts on the Facebook page, and brought up the fact that the board cannot restrict free speech rights on a private social media page.

“It’s improper and they need to address, and maybe there should be some resignations,” Faber told the outlet.

From ABC15:

The letter demands posts that are disparaging, speculative or defaming to board members be removed immediately. It also cites past incidents including posts that said that board members altered or manipulated votes in annual elections and that board members purposefully retaliated against members in the association. Opinions that now come with consequences.

The outlet said it spoke to a board member who said he would get back to them about the letters but never did. Two constitutional attorneys told the outlet the board had no right to restrict residents’ First Amendment rights.

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