A Gilbert homeowners association is threatening to fine residents as much as $250 per day over comments posted on social media.

Several residents of Val Vista Lakes received letters from the HOA's attorney on Jan. 10.

The letter asked Ashley Nardecchia, the administrator of a community Facebook page, to delete any “disparaging, speculative, or defaming comments” or comments that “in any way negatively impact specific individuals in the Association or on the Board.”

She estimates about 11 residents received letters for their posts and comments.

If the residents don’t comply, they may lose facility privileges and incur fines up to $250 per day, according to two such letters seen by The Arizona Republic.

Val Vista Lakes is an upscale neighborhood near Greenfield and Baseline roads. The 900-acre “water-wonderland” contains 24 residential subdivisions and community amenities that include sports courts and a sandy beach, according to its website.

This wonderland is currently facing some controversy, with residents feeling threatened by legal notices and the board appearing to not back down.

The HOA board did not respond to The Republic's requests for comment.

At least one HOA attorney in Phoenix, Jon Dessaules, views the threats as "unenforceable."

HOA seeks to regulate online speech

The controversy began last fall in the lead-up to the HOA’s board election, Nardecchia said.

There was online debate about candidates, past board members and how board members spent money. The discussions were on her Facebook group — Residents of VVL (formerly called Val Vista Lakes Neighborhood) — as well as another community Facebook group and the Nextdoor app.

The posts appear to have been deleted from Residents of VVL, but Nardecchia said she hasn't deleted any. She said the posts were good debate and conversations that needed to happen. Candidates running for the board were among the posters and commenters, she said, so she believes multiple sides were expressed.

“Compared to what you see on the national level, it was pretty moderate,” said Keith Faber, a former board member who participated in some of the discussion.

He was among residents to receive a letter from the HOA attorney.

“The comments you have posted specifically defame and negatively impact others in the community,” the letter to Faber reads. “The Association demands that you cease posting any disparaging, speculative, or defaming comments that negatively impact specific individuals in the Association or on the Board.”

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In October and November the board aired the possibility of a new “social media policy” for the community but tabled it each time, Nardecchia said. In December, she said, the community was assured there would be no such policy.

The “threatening letters” went out in January, she said.

The Republic reached out to Daniel Francom, the lawyer at Goodman Holmgren Law Group who signed the letters, who declined to comment.

'You can’t suspend someone from using the hot tub ... (for) what they have to say'

Dessaules, a 20-year attorney who specializes in HOA disputes, said he thinks the demands made in the letters are unreasonable.

“I think it’s outside the scope of what an association has the power to govern," he said.

Dessaules said HOA regulations are by definition regulations on property, not on behavior.

“Any code of conduct would be unenforceable,” he said. “You can’t enforce a daily fine against someone for speaking out on social media, for simply exercising their right to air their grievances against their homeowners association, and you can’t suspend someone from using the hot tub or swimming pool because you don’t like what they have to say."

Nardecchia said that she feels she's being asked to "censor all 600-and-however-many members of the Facebook page that I'm an admin on." The letter asks her to delete any comments that negatively impact the association and monitor all future posts.

“I really do love this community. That’s why I’m fighting this fight,” Nardecchia said. “If they get away with this, what’s next?”

What comes next?

According to the letters, recipients have 30 days to request a hearing, if desired. Faber expects the recipients of letters will join together and hire a lawyer to present their case.

“I would love to be able to sit down with the board as a group, work out our differences, if apologies are needed, maybe make those,” he said.

Faber and Nardecchia said they would like the letters to be rescinded and for some board members to resign over this “overreach.”

Both said they've reached out to the board and its lawyer but haven't heard back.

Dessaules said he thinks this issue should proceed no further and that the association should “stand down.”

Meanwhile, Nardecchia said the Facebook group has returned to normal. It’s filled with posts about community events, lost dogs and neighbors asking each other questions.

Last week, she changed the group setting to private and added a description saying the group has no affiliation with the HOA or management.

Prior controversy at Val Vista Lakes

This is not the first time Val Vista Lakes has faced controversy around its HOA board.

In 2013, a resident who lost a community board election sued the association for breach of contract in violating the election rules set forth in its governing documents. He won that suit, but the judge noted the association had since remedied the issue.

Dessaules said he typically meets with people each year who are frustrated because they want to run for the board but are not selected by the association's nominating committee to run because they are deemed not good for the community. He said that's "highly unusual" in terms of other HOAs.

He said he’s been to “surreal” association meetings at Val Vista Lakes where board members have shouted at residents, suddenly closed down the meeting or encouraged members to step down who disagree.

“There are significant issues within Val Vista Lakes,” Dessaules said.

Have a story about Gilbert or Mesa? Reach the reporter at Alison.Steinbach@arizonarepublic.com or at 602-444-4282. Follow her on Twitter @alisteinbach.

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