Should HOA Post Protest Letter & Board Response (CA)

Recently our BOD in CA updated the Rules & Regulations document with no basic change to existing rules. The existing rules were kept and simplified or changed to match exactly what is stated in the CC&Rs, and references were added to the relevant sections of the CC&Rs. Two new rules were added, one for rental units specifying that the landlord is responsible for his tenant's compliance with the rules and regulations, and a second one that clarified the ownership of fences/walls again referring to specific sections in the CC&Rs. The document was reviewed by the HOA legal counsel for legalility and conformity with the HOA's CC&Rs, and their recommended changes were all made to the final document.

The document was sent out to the community for the 30-day review period. Then a few days before the board meeting to adopt the rules (i.e. 26 days into the review period), a disgruntled homeowner saw their opportunity to circulate around a very inflammatory "protest letter" to "selected" homeowners (i.e. those they felt could be coerced into their point of view) attacking the BOD and the rules and regulations document, misrepresenting them as a new set of rules designed to "punish" the community. The letter itself is not signed by the author but everyone knows who the author is because they went door to door distributing the letter, and they’re well known in the neighborhood for acts such as this. The author of the "protest letter" is upset with the BOD and the Property Management company because they were issued a violation notice. Even though the violation was dismissed without a fine the person still feels they must "avenge" such an insult.

The BOD wrote a factual and cohesive response with evidentiary documentation to disprove each of the misrepresentations stated in the "protest letter" and presented it at the well attended BOD meeting where it was discussed. The BOD proceeded to adopt the updated Rules and Regulations document at the meeting. As a subsequent step the BOD plans to develop a newsletter to amongst other things discuss the “protest letter” and notify homeowners that the BOD response letter with all the attached evidence was posted on the HOA website for all to see. The BOD really wants the entire community and not just the “selected” homeowners to be able to read the “protest letter” since it believes that the letter itself is the best proof of the intentions of the disgruntled homeowner. So my question is, would it be proper, legal, and wise to also post the “protest letter” on the website. The belief is that since it’s not signed by anyone one can assume that it’s a public document and hence can be posted on the HOA website.

Sorry for the wordiness, but I really wanted to explain exactly our situation.

One thing the disgruntled homeowner does not want to see is a factual response to his misinformation. You are taking all the fun out of his game if you publish such a response. Do it.

Why do you feel that you have to answer this barking dog?

No, do not publish the letter. The letter is included in the minutes of the meeting, and that's enough exposure for it. You would have to have permission for publication on a web site.

Sounds like the board is either scared of its actions, unsure or just over explaining itself. Let the facts just lay there for all to see.

"You would have to have permission for publication on a web site."

Why would I need someone's permission if the letter was distributed anonymously and is not signed by anyone ?

Someone needs to read the Constitution of the United States, Eighth Amendment.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

Thanks, to all who had "constructive" feedback. The current thinking on the BOD is to mention the incident and the response letter in the newsletter and we're debating whether to either just post the response, or tell homeowners that if they did not receive these letters to come to a BOD meeting where they can obtain copies of them.

We agree, no "drama queens" on this BOD. The current thinking is to not even post the response letter and just mention it on the Newsletter and ask that owners who had not receieved either may obtain free copies at both at the next BOD meeting.

I would think dues payers have the option of venting frustration in a public monthly meeting, with their name behind their words.

Newsletters are optional communication forms.

The author of the letter is technically anonymous so as to not stand behind their words.

Can write a nasty note about your board, anonymously, and you print it in your newsletter? It's the same thing.

My BOD agrees, and after further consideration we've determined that the anonymous protest letter was circulated, the board responded effectively and passed the updated rules and regulations document, and so that's the end of it. We need to move on with the real work of the community. If the issue about the rules comes up again we just need to tell whoever brings it up to read the protest letter and the response letter, and if they have no access to them tell them to come to a board meeting where they will be provided with copies.

One lesson we've learned is that you cannot assume that the membership knows what the "current rules" are, and hence when you distribute an update to your rules document you need a cover letter explaining why the update and what has been changed from the current set of rules. Our lack of providing this cover letter is what provided our "Barking Dog" with the opportunity to claim that they were now being subjected to a whole new set of unjust rules. What is funny is that our current rules were passed in 1998, the 2010 update did not effectively change them, and the "Barking Dog" purchased their home in 2002. So one asks if the "Barking Dog" disagreed with the rules so strongly then why did they decide to purchase their home in the community in the first place ? Let me guess at their answer: "we were not aware that these were the community rules". So is ignorance a valid defense ?

Another thing we learned at our meeting was the lack of awareness of the membership of the work the BOD, the PM, and the landscape company do. A too frequent a comment was "we pay X dollars monthly for what ?" It's hard to believe, but many a homeowner thinks that the common areas, landscape, private streets, and infrastructure need no maintenance and they will always look "pretty" and "function" without the need to spend any money to maitain them. In our community just in the past 3 months we've had major infrastrucute problems with main supply irrigation pipes breaking and almost flooding several homes. In one instance the builder actually routed an HOA main irrigation supply line thru a home's private yard where it broke and almost completely flooded that home. We worked very hard to fix these problems before they could cause problems to homeowners, but again mostly go un-noticed by them. This has really made us aware of the importance of publishing newsletters at least on a quarterly basis to inform the membership of things being done by the BOD, the PM, and Landscape Company.