This morning on CNN Michael Smerconish discussed the question of free speech with respect to disagreeing with a position. In this highly sensitive environment too often a disagreement with a position evokes an angry demand to remove or not publish the statement. That is not free speech but, as Smerconish said, “my-speech.” It is not asking for agreement but free speech – let the other person have his say. Let a dialogue ensue which is a must for a healthy democracy.
In the culture of the HOA-Land Nation, any opposition to, or criticism of, the HOA or its board of directors is too often met with angry condemnation, character assassination, ostracization, and the non-publishing of the opposition voice. Some HOAs give the appearance of concern but only provide token Q & A dialogues with no real exchange of the issues. This open opposition to free speech is endemic to the HOA-Land culture and reflects an undemocratic, authoritarian cult-like environment.
Problems with HOAs, as we are all aware of, cannot be resolved when member criticism and opposition is squelched as a matter of policy. Until the members say, “enough is enough” and demand constitutional reforms the problems will continue unresolved.

In Illinois, 1st Amendment Rights are protected by the Illinois Condominium Act. This was underscores recently in Boucher v. 111 East Chestnut Condominium Ass’n, 2018 IL App (1st) 162233. See https://courts.illinois.gov/Opinions/AppellateCourt/2018/1stDistrict/1162233.pdf . Note: ¶ ¶ 13-21.