Question from Jerry:
I live in an HOA community of about 100 homes in North Carolina. We have a clubhouse and monthly dinner socials and there is always a spoken Christian prayer before each meal. After going to these for two years I met with the HOA Board to complain about the prayers because they were not inclusive and this is not a religious compound. Their lawyer told them that did not have the authority to tell anyone to pray or not to pray. They sent out the board minutes to the community and instead saying a resident complained about prayers, they mentioned me by name. Because of this is sent out a 17 point rebuttal explaining why I had done this. Interestingly enough I got a lot of hugs and hand shakes for doing this. I tried to bring it up at the annual meeting and was shut down because they had already ruled on the issue. I am at present circulating a petition and so far have 20 homeowner signatures. This must be a HOA issue nationwide. The boards always deal with property management companies. Our property management company suggested that I just leave the room. I replied that I was not going to sit in back of the bus. I did a little research on national property management trade organizations but could not find anything about my issue. Do you have any suggestions.
Answer by SmartLX:
Even if I were American I think I’d be the wrong person to ask about the laws that apply to American homeowner’s associations with respect to religion, or to anything else for that matter. So I’ll say up front, folks, comment to help this guy out and you’ll probably do better than me.
From what I can gather from forums and from simple articles like this one, as a private entity not representing the state in any way a HOA can pretty much do whatever its board wants, as long as it’s within the law generally. Praying in front of you on behalf of the HOA certainly favours a particular religion but the HOA is not required to be impartial as long as your rights are respected, and you are not technically a captive audience.
Those hugs and handshakes are important, though, if only because you know you’re not alone. I’d say the best way to change what the board does is to change what the board wants, and the most straightforward way to do that is to change who’s on the board. Here I’m adrift as I have no idea whether your board simply consists of every homeowner or it’s elected from within that group. If the latter is the case then you could encourage the huggers and handshakers to run next time around, and potentially form a focused minority on the board with the leverage to effect change.
I’ll just bring up one strategy I’ve read about that has gotten fast results in the fight against partisan prayers in other spheres, in case you can find a way to use it. It’s to demand equal time for other views, or just exercise freedom of speech and answer one expression with another. People have used Hindu prayers, prayers to Satan or the Flying Spaghetti Monster, readings from The God Delusion or On The Origin of Species and so on. Once it becomes clear to the Christian majority that minority beliefs and positions will appear on the same stage (sometimes literally) as their own with equal significance, they may decide it’s not worth having a timeslot for prayer at all.
Question from Jerry: