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MikeS1
Posts: 521
Posted:
Looking for consensus on security on websites. Private vs. Public. What to include on private side and what to keep on the public side?

I know that this is an effective way that members of an HOA can stay current on the activities that affect life in the community. In addition, they now can be used as an invaluable source of information for individuals considering a move into community while protecting access to sensitive information.

HOA websites contain a wealth of information, from minutes of the board of directors meetings, the declarations and bylaws of the homeowner association, rules and regulations to social calendars. This info helps members of the association stay up to date on the events that shape life within the community, but this information is also invaluable to individuals who may be considering the association for their next home. Currently,all this information is either viewable by the public or only visible to registered users on the homeowner association website.

Picking the settings that strikes a perfect balance between protecting sensitive information while at the same time allowing the hoa website to remain a vital source of information for individuals considering the association as their new home, might like walking a tight rope.

Does anyone have any input or experience with this issue? We have all our meeting minutes, design guidelines etc on the private side, while FAQs and a ton of other items are on the public side.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

We have everything on the public side with the following exceptions:

1) Minutes of the Board, Committees or the General Membership
2) Audits
3) Reserve Study
4) Parking Assignments (as this could allow people to determine who is or isn't home)

If we had them, I would include the following in the private side as well:

a) Neighborhood Directory
b) Floor Plans of various models used in the development (as this could be a security issue)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would have on the public side for potential buyers:

1. General rules/restrictions. Just some basics introduction on how approval and removal works.
2. How much dues are.
3. What the dues cover.
4. The contact information of the Board.
5. FAQ potential buyers ask.

I would NOT post:

1. Financial reports.
2. Collection reports. (Should ONLY be for board members only and directly only with the individuals)
3. Minutes of meetings. This would be okay for members only section.

A good rule of thumb: A potential buyer is NOT a HOA member. They are someone just walking down the street by your HOA. What information would you want to give that person who is just passing by? That is the information you put public.

Former HOA President
MikeS1
Posts: 521
Posted:
Great Stuff Tim and Melissa. Thanks.

Tim - Do you think that there is any caveats or downside to posting HOA docs to include the Articles of Incorporation, Declarations, Bylaws/Rules?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

My Association has received a lot of positive feedback in having the governing documents posted in the public domain. Sellers use it as a way for potential buyers to review the documents without the need to get a disclosure package. Being able to wait for a disclosure package until a solid deal is on the table also eliminates the need for re-inspections of the property caused by requesting a package too early.

Potential Buyers (who became members) and Realtors have stated that posting the documents on the public side gave an good impression of transparency.

Additionally, in VA, the CC&Rs and the Articles of Incorporation are public documents. Heck, why not include the Bylaws and resolutions.

The down side would be if the website documents are not kept up to date. This can cause issues for buyers/new members who understood things one way based on the documentation provided on the website but found out things changed and the website wasn't updated.

MikeS1
Posts: 521
Posted:
Tim - You and I both know that there is a HOA disclosure clause in the Virginia Real Estate Contract that requires the seller to provide the HOA (Docs) Disclosure package to the seller within a specific time frame and that there is a 3 day contingency clause here, but oddly enough we have had dozens of cases where a property was sold (by known brokers) where the docs were never requested. Then of course, we hear the "We didn't know speech" later on. By putting them on the website, I would hope that this would not exasberate the problem of Docs not being provided. There is so much that is included in the Disclosure package (some of it time sensitive with so many updates, I would be nervous about the liability of posting just the CCRs on the hoa website, but I'm sure that we could put a big fat disclaimer there as well. Thanks again, Tim.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
CC&R's and Incorporation documents are considered PUBLIC documents. They are okay to post. By laws are not required to be filed except with the HOA in most states. The new owner can have access to those as well but really those are HOA internal rules...

Former HOA President
MikeS1
Posts: 521
Posted:
Thanks Ms. Melissa!
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Mike,

I'd probably keep all postings narrowed to items that can be publicly viewed (and it be "OK" if they're leaked outside your website).

Our community website features the meeting minutes of open meeting sessions and general community news along w/ our Covenants, By-Laws and Articles of Incorporation.

We don't post our financial statements or Reserve Study but any property owner can get a PDF if they ask - minus documents on individual accounts.

It's a judgement call for your community.

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