….The First Amendment was created because Founders also knew that public scrutiny by a free press, combined with a fundamental right to freedom of speech and assembly, were absolutely necessary to hold government leaders accountable to the people.
In most HOAs, however, transparency is rare, official communications are controlled by the board, and meetings are not open to the general public or local media. Most industry leaders fight to keep HOA affairs private, and try to avoid public scrutiny. They get away with it because Associations are private organizations, usually corporate nonprofits. The industry argues that constraints of the U.S. Constitution need not apply to HOAs, because they are not official governmental bodies or even state actors….