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MichaelB1 (Maryland)
Posts: 8
Posted:
I am a HOA board member in MD. I would like to post our HOA's bylaws, covenants and policies on our website. Every homeowner is supposed to have a copy of these documents but often have misplaced or never received them. I believe the title company will provided photocopies(very poor quality) for a fee ~$100! I have asked and noone seems to have an electronic copy or knows if any electronic copies even exist.

I would like to scan these documents in and covert them into PDF via optical character recognition (OCR) in order to provide clean copies for free. I would have to manually correct any misidentified characters.

Questions:

1.) Is it legal for me to do this or is there some kind of copyright on the documents?

2.) Am I or the board legally responsible for any typos that create confusion about certain by-laws or policies?

3.) Am I or the board liable for someone who takes this electronic copy and alters it so as to get out of a particular rule/regulation and then uses this doctered copy of the by-laws as proof he was given misinformation?

Mike
LanceT (Alabama)
Posts: 121
Posted:
Convenants and Restrictions are available at the Records Office at the County's courthouse. It is the buyer's responsibility to be informed and thus theirs to make sure they get a copy. The most legally accurate version will be the one on file no matter if someone "changes" it electronically.
You may want to make sure your CC&R's/by-laws don't need to be modified to include electronic copy references. That may depend on your state's laws. Most CC&R's won't mention electronic media because of the age of the documentation. It most likely won't be a big deal any ways if it is electronic or paper. It may be more of a personal preference to be on electronic media.
We did have a board member who did copy the CC&R's and By-laws into a PDF file. It was quite useful for the younger residents who preferred it. (Older residents most likely didn't have computers.) It could be posted on a web page for review. (Just avoid putting out certain financial information on an open website. Financial information is just for members not the general public.)
IMO electronic copies are good. However, be careful of the versions that are out there. Make sure it is identified and matches the one on record at the courthouse. I would suggest putting the copy on a CD or a disk that can't be recorded over. I don't think you have to worry about copyright rules since it is a public document.

Recovering Ex-President of a HOA
GlenL (Ohio)
Posts: 5,491
Posted:
Mike the cleanest copy you can probably find will indeed be the one on file at the courthouse. If your local courthouse has reached the 21st century you can probably access them online; which is what we have done and point prospective buyers and realtors to the web site where they can print the documents themselves or our MC will provide them for a fee. If you scan the documents into a pdf file where they cannot be easily "monkeyed" with you should be fine.

Just make sure you put a disclaimer with it such as: The only valid copy of the document is the one currently on file with the County Recorder's Office, County of ____________, State of__________ and in any dispute over content will be the deciding document. Any typos will not change the content of the documents. (Betcha if you look real hard you'll find language about typos somewhere in your documents already.) Any unauthorized changes and/or alterations of the electronic version will make it null and void. (I'm not a lawyer but you get the drift, something like the disclaimer HOA Talk uses but geared to protect you.)

Studies show that 5 out of 4 people have problems with fractions
hoatalk (California)
Posts: 603
Posted:
We scan CCRS, Bylaws, etc for our Community123.com website customers.

However, we never use OCR for this because it's too error prone and time consuming. We simply scan the documents as an image into the PDF file, which is then a perfect electronic copy. We use compression and get about 40 pages per 1MB of file size. That's where you must be careful when scanning docs as an image; file size. If you set the resolution too high or make other settings, you can end up with a file too big to download.

You only need OCR when you want to convert an image into text for editing. Since you don't want to edit, then OCR is not needed nor desirable for your purpose.


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MikeS1
Posts: 668
Posted:
On the other hand, if you do OCR any of the documents, it sure makes it easier to find things, since you can search for text strings. Some of more recent documents, (resolutions, pool policy etc) are word docs that were converted to text-searchable pdfs. Finding specific references in our old documents which are scanned (image) pdfs is a little more time consuming.
RogerB (Colorado)
Posts: 5,067
Posted:
hoatalk, thanks for your thoughts on scanning vs. OCR. What software do you use for compression? and what scan resolution level do you use? Sounds like an excellent method as long as a Declaration of 80 pages can be "easily" downloaded and/or transmitted by email.
MikeS1
Posts: 668
Posted:
Roger - Usually with the HP scanners or HP multi-function 3in1, 4in1, printers; the scanning software comes with the printer. Each different manufacturer usually bundles OCR software with their scanners. Many of the HP printers us HP "Precision Scan" software. I don't have a feeder on any of may personal scanners, but work with them daily. If you have a large scan job, a feeder is the only way to go. OCR is going to be a little slow, and you'll have to do some formatting, but it beats having to type up the document. I've have to check out the settings and preferences and get back to you.
MikeS1
Posts: 668
Posted:
FYI also - If the HOA creats any more NEW documents in MSword, you don't have to spend a fortune on Adobe Acrobat Standard or Professional. Check out http://www.pdf995.com/ - It's free and easy to use, if you wish to convert text documents to text searchable pdf files (not an image file).
JM2 (Oregon)
Posts: 439
Posted:
Hi All:

For what it's worth: our Konica copier also scans to a pdf image file. It's a great way to go. Our docs are on our website, downloaded to pdf files for anybody to view - but not mess around with the text. I would recommend scanning as an image.

If you need a searchable copy, restrict it to office use only. Be sure that several people proofread it for accuracy, and any time you use it, check it against the original.

J. Patrick Moore, CMCA
MikeS1
Posts: 668
Posted:
FYI Patrick - You can also easily creat a searchable, read-only text document as a pdf so that no one can alter the document. If you can search for text strings, it makes searching for any particualar issue a very, very painless process.
MikeS1
Posts: 668
Posted:
FYI Patrick - You can also easily creat a searchable, read-only text document as a pdf so that no one can alter the document. If you can search for text strings, it makes searching for any particualar issue a very, very painless process.
MikeS1
Posts: 668
Posted:
FYI Patrick - You can also easily creat a searchable, read-only text document as a pdf so that no one can alter the document. If you can search for text strings, it makes searching for any particualar issue a very, very painless process.
RogerB (Colorado)
Posts: 5,067
Posted:
Posted By MikeS1 on 02/22/2007 11:24 AM
Roger - Usually with the HP scanners or HP multi-function 3in1, 4in1, printers; the scanning software comes with the printer. Each different manufacturer usually bundles OCR software with their scanners. Many of the HP printers us HP "Precision Scan" software. I don't have a feeder on any of may personal scanners, but work with them daily. If you have a large scan job, a feeder is the only way to go. OCR is going to be a little slow, and you'll have to do some formatting, but it beats having to type up the document. I've have to check out the settings and preferences and get back to you.

Thanks for the info Mike. We have several HP print/scan/copy/fax machines with feeders. Additionally we use Omnipro 15 which to my knowledge is the best OCR software available. It reads seals, signatures, printing on the side of pages, ect. We have copied all clients' paper documents and this procedure works fairly well but still needs editing and a disclaimer. We have used this process to significantly reduce digital file size. The techniques posted by HOAtalk may eliminate editing while creating managable size files.
hoatalk (California)
Posts: 603
Posted:
Posted By RogerB on 02/22/2007 8:04 AM

hoatalk, thanks for your thoughts on scanning vs. OCR. What software do you use for compression? and what scan resolution level do you use? Sounds like an excellent method as long as a Declaration of 80 pages can be "easily" downloaded and/or transmitted by email.


Roger, We use two methods:

One, a Canon scanner with the software that came with it to scan to PDF. This method takes some work to get the resolution (DPI) and other settings right for the document. Choose the lowest resolution that looks OK on your scanner and choose black and white or greyscale. Scanner software and hardware will vary.

Method two is the one we currently use often and it's low tech but is the easiest and gives a good result with small files. We use a fax to email service from GoDaddy.com that accepts a fax, converts to PDF and emails to us. Their conversion routine is very good for B&W documents and produces small files. This has proven to be easier than tweaking scanner settings & rescanning documents. Our scanner is also a fax, so we just scan to fax and get the PDF in email. This also provides us a toll free fax line for customers to use.

You don't need method two if you just play around with your scanner settings and find the right mix of quality and size.

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*See legal notice below (end of page)
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By MichaelB1 on 02/21/2007 9:08 PM
I would like to scan these documents in and covert them into PDF via optical character recognition (OCR) in order to provide clean copies for free. I would have to manually correct any misidentified characters.

................

Am I or the board liable for someone who takes this electronic copy and alters it so as to get out of a particular rule/regulation and then uses this doctered copy of the by-laws as proof he was given misinformation?



Others have given you good advice on scanning and PDF files.

A "PDF" file is in a sense, a "picture" of a document, there is no optical character recognition (OCR) involved. There are no errors or misspelled words either. Signatures, logos and stamps are preserved. PDF files can be read with the free Adobe Acrobat reader by anyone with a computer who downloads and installs the reader. The major difficulties of PDF files are creating them in the first place (you need specific software) and the file size (which can be quite large). The advantage of a PDF file is that it's very difficult for someone to alter and then claim that it is the original file.

OCR is the process of transferring an existing document into editable text. Typically, your scanner and OCR software would create a Microsoft Word document from the original. Signatures and such would not be included. It would require careful proofreading. The advantage of doing this is that the document file size will be much smaller. You could also make changes such as fonts and font sizes. The main disadvantage of distributing your association documents as editable text is (as you mentioned) anyone can make changes to the file and claim that this is what they received. For this reason, editable text would be a very bad choice for public distribution of association documents.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
On our association website, an "informal" version of the covenants is posted. These could be copied and printed or even changed by anyone. Both the document and the website have disclaimers that this is not the "official" document.

Because of the file sizes involved and the space limitations of our (free) hosting site, the PDF versions of the documents cannot be displayed. I do have an offer to e-mail them to anyone who asks and a few have asked. A couple of Real Estate agents have requested them for prospective buyers which has to be a good thing.

Ron
SC
RogerB (Colorado)
Posts: 5,067
Posted:
Ronald, you may want to check out Omnipro 15 OCR software. With this software one can create OCR documents with seals, signatures, and printing on the edge of pages. Also, we convert OCR files to PDF to significantly reduce file size. These PDF files still need a disclaimer before they are posted on websites or emailed.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By RogerB on 02/26/2007 10:06 AM

Ronald, you may want to check out Omnipro 15 OCR software. With this software one can create OCR documents with seals, signatures, and printing on the edge of pages. Also, we convert OCR files to PDF to significantly reduce file size. These PDF files still need a disclaimer before they are posted on websites or emailed.


Thanks. I suppose anything the software can't convert to text is imported as a picture.

Did you get the part about OCR and PDF files backwards? The file created by OCR software (usually Microsoft Word, but it could be a text file) is much smaller than the equivalent PDF file. One of our PDF files is 18 pages and 3,574 KB. Another document (in MS Word) is 4 pages and 43KB.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By RogerB on 02/26/2007 10:06 AM

Ronald, you may want to check out Omnipro 15 OCR software. ..............


I just did. $500.00 is a little much for what we would use it for. Mostly we are having other board members do anything like this at their work offices. I suppose the one who scanned the CC&Rs for us in the first place might have been able to end up with smaller files but I would hate to ask her to do it again. I have a scanner, I'll check to see what OCR or PDF creation software came with it.

Ron
SC
PaulH3 (Connecticut)
Posts: 29
Posted:

I guess we were lucky. Our developer provided all of the documents to the Board in Word format. We used this as a starting place for what we eventually provided on our website.

First, we took the word doc and “printed” it to pdf. This was then made available on the website for download to registered users (Association Unit Owners). This provides them a version that is not easily edited.

Second, we broke down the text from the Declaration, Bylaws and Rules by section and placed them on our website. This allows the registered users to easily search them for specific content. As an example, while I was typing this, I thought I would try a sample search. I searched for “pet nuisance”. It came back and told me that there were 10 sections in the Rules that had either “pet” or “nuisance”. But, only one section contained both words.

The end result has been that this has made the owners more aware of our rules and regulations since we have made it easier for them. Instead of having to pour through page after page, they can quickly find the answers that they are looking for. Also, each section has a button that gives them the ability to send that section of the doc to the management company if they are reporting a violation. That has made it easier for the Board and the management company as well.

RonaldW (South Carolina)
Posts: 901
Posted:
Posted By PaulH3 on 02/26/2007 12:03 PM

I guess we were lucky. Our developer provided all of the documents to the Board in Word format. We used this as a starting place for what we eventually provided on our website.

First, we took the word doc and “printed” it to pdf. This was then made available on the website for download to registered users (Association Unit Owners). This provides them a version that is not easily edited.


Yes, you were lucky. Many of us are dealing with documents created before computers and word processing were in common use.

I think it's a good idea to make the CC&Rs available to anyone, not just members. That way a prospective member can study the documents and decide if he or she will be able to live within the rules. It's a way to avoid future troubles.

Ron
SC
PaulH3 (Connecticut)
Posts: 29
Posted:
Posted By RonaldW on 02/26/2007 12:11 PM
Yes, you were lucky. Many of us are dealing with documents created before computers and word processing were in common use.

I think it's a good idea to make the CC&Rs available to anyone, not just members. That way a prospective member can study the documents and decide if he or she will be able to live within the rules. It's a way to avoid future troubles.


I'd have to disagree with that. It is not the Association's place to get involved in the buyer-seller relationship. In our state, the seller has the responsibility of providing the documents directly to the buyer. I would not want to expose the Association to any potential liability by providing those documents on a public website.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By PaulH3 on 02/26/2007 1:26 PM

Posted By RonaldW on 02/26/2007 12:11 PM
Yes, you were lucky. Many of us are dealing with documents created before computers and word processing were in common use.

I think it's a good idea to make the CC&Rs available to anyone, not just members. That way a prospective member can study the documents and decide if he or she will be able to live within the rules. It's a way to avoid future troubles.


I'd have to disagree with that. It is not the Association's place to get involved in the buyer-seller relationship. In our state, the seller has the responsibility of providing the documents directly to the buyer. I would not want to expose the Association to any potential liability by providing those documents on a public website.


On the other hand, the potential buyer would know in advance that he can't keep his boat or motorcycle in the driveway, paint his house purple, etc. and he won't become an enforcement problem for the association if he misses that part at closing or someone else fails to provide a copy. I would like to be as much help as possible. I can't think of any liability that posting these documents on a website. Many agents alredy have them on file.

There's also a disclaimer on the website.


Ron
SC
RogerB (Colorado)
Posts: 5,067
Posted:
Posted By RonaldW on 02/26/2007 10:55 AM
Did you get the part about OCR and PDF files backwards? The file created by OCR software (usually Microsoft Word, but it could be a text file) is much smaller than the equivalent PDF file. One of our PDF files is 18 pages and 3,574 KB. Another document (in MS Word) is 4 pages and 43KB.

No. We use OCR to reduce the digital file size. Compared to an image file the pixels can often be reduced over 90% by removing the 'white' portion of the image file. Then we use PDF or portable document format to prevent easily changing the document.

RogerB (Colorado)
Posts: 5,067
Posted:
Posted By RonaldW on 02/26/2007 12:11 PM
I think it's a good idea to make the CC&Rs available to anyone, not just members. That way a prospective member can study the documents and decide if he or she will be able to live within the rules. It's a way to avoid future troubles.

I agree, this allows potential Buyers to readily see the documents which are public; and if there is a members only section on the website it allows the Seller to download and provide to a potential Buyer required HOA documents which are not public. This procedure does not create a risk of liability. But access to the member only portion should never be given out by a member to outside parties.

RonaldW (South Carolina)
Posts: 901
Posted:
Posted By RogerB on 02/26/2007 2:10 PM

Posted By RonaldW on 02/26/2007 12:11 PM
I think it's a good idea to make the CC&Rs available to anyone, not just members. That way a prospective member can study the documents and decide if he or she will be able to live within the rules. It's a way to avoid future troubles.

I agree, this allows potential Buyers to readily see the documents which are public; and if there is a members only section on the website it allows the Seller to download and provide to a potential Buyer required HOA documents which are not public. This procedure does not create a risk of liability. But access to the member only portion should never be given out by a member to outside parties.



We have no "members only" section. I had our financial report on the website for a few weeks but took it off after receiving some advice on this forum.

After spending several years as a computer and network support person for a large public high school, I can tell anyone who cares that a website cannot be restricted to any group of people. Users who have been granted access have no problem sharing their IDs and passwords with others. Not only students to other students, but teachers would give students their (the teacher's) ID and passwords because teacher accounts had greater access rights.

Even printed material such as the associations financial statement can easily be misused by a disgruntled member.


Ron
SC
RogerB (Colorado)
Posts: 5,067
Posted:
Posted By RonaldW on 02/27/2007 5:26 AM
Users who have been granted access have no problem sharing their IDs and passwords with others.

A definite consideration. For such a guilty member of an HOA that we manage they can be fined; and the fine can be assessed against their property. Thus it can cost a guilty member more than any damage done.

hoatalk (California)
Posts: 603
Posted:
Posted By RonaldW on 02/27/2007 5:26 AM

We have no "members only" section. I had our financial report on the website for a few weeks but took it off after receiving some advice on this forum.

After spending several years as a computer and network support person for a large public high school, I can tell anyone who cares that a website cannot be restricted to any group of people. Users who have been granted access have no problem sharing their IDs and passwords with others. Not only students to other students, but teachers would give students their (the teacher's) ID and passwords because teacher accounts had greater access rights.

Even printed material such as the associations financial statement can easily be misused by a disgruntled member.



You are correct that anyone can share their password and allow others access to members-only documents on a website. However, the members-only website is still a good idea for ease of communication and it's no less secure than mailing paper docs to your members. As you pointed out, they can easily copy (or scan) those paper docs and share them just as easily as sharing a website password. So, even though passwords can be shared, you don't lose any security by publishing on the website, because members can misuse electronic and paper documents alike. As you know from being in IT, computer security is always a balance of cost, security level and usability.

You could secure your documents better than paper by using a community intranet website with biometric security, disable printing and disable screen capture, but that's a bit expensive for a HOA :-)

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RonaldW (South Carolina)
Posts: 901
Posted:
Posted By hoatalk on 02/27/2007 11:13 AM

You could secure your documents better than paper by using a community intranet website with biometric security, disable printing and disable screen capture, but that's a bit expensive for a HOA :-)


And it wouldn't be much use for members without Internet access. I suspect for the next few years, paper will have to be the primary communications medium for our association.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By RogerB on 02/27/2007 7:22 AM

Posted By RonaldW on 02/27/2007 5:26 AM
Users who have been granted access have no problem sharing their IDs and passwords with others.

A definite consideration. For such a guilty member of an HOA that we manage they can be fined; and the fine can be assessed against their property. Thus it can cost a guilty member more than any damage done.



It's going to be very hard to prove. Even if you could prove that an ID was in use twice at the same time, the member could claim it was multiple family members logged in simultaneously.

Ron
SC
hoatalk (California)
Posts: 603
Posted:
Posted By RonaldW on 02/28/2007 5:30 AM

And it wouldn't be much use for members without Internet access. I suspect for the next few years, paper will have to be the primary communications medium for our association.


You are correct. Paper will be primary for a very long time for almost all associations. Websites should be considered an additional form of communication and a tool to streamline some operational procedures.

That said, the Association can use the website to easily make a library of info available to ALL members, even those without PCs. How? Almost every public library has free Internet access for the community. So, if the HOA posts all it's past newsletters, financials, governing docs, meeting minutes, etc on a secure website, then every public library is now your HOA library for members without PCs. The Board could resolve many records requests by giving the member a login and sending them to the library instead of a HOA office. Of course, some documents should never be posted on any website (like individual collection records), but all documents viewable by all members can be. And yes, a member could leave a public terminal logged in to the HOA website, but that's where risk/benefit analysis comes in.

Is website security perfect? No. But it's no less secure than handing out paper and general HOA documents are not generally considered 'high security' records anyway.


HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page)
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By hoatalk on 02/28/2007 6:11 AM

That said, the Association can use the website to easily make a library of info available to ALL members, even those without PCs. How? Almost every public library has free Internet access for the community. ............


Correct, but from talking to my neighbors and other people I know (older people in particular), I doubt that many would take advantage of that opportunity. Many are just not comfortable with computers and Internet access, and most would not take a trip to the library just to view association documents.


Ron
SC
GlenL (Ohio)
Posts: 5,491
Posted:
Ronald true but many of those same elderly have kids or neighbors who are computer savvy and could print the documents out for them. FWIW: I helped a friend of mine buy a computer for her elderly parents so they could keep in touch when they moved south. Now she gets the most ornery emails from her 75 year old mother of stuff she finds online.

Studies show that 5 out of 4 people have problems with fractions
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By GlenL on 03/02/2007 8:47 AM

Ronald true but many of those same elderly have kids or neighbors who are computer savvy and could print the documents out for them. .........


Doesn't that go back to the issue of sharing user IDs and passwords? (insert wink smiley here)

The point I've been trying to make (without much success)is that there's a surprisingly large segment of the population in the USA that does not make use of technology that's available to them. Even my own wife does not use the computers available to her except for an occasional game. And you don't have to be elderly to be computer illiterate. There are many adults with little education working in jobs that don't use technology who never found a need to learn. I think we need to keep this in mind when serving and dealing with our members.

For these people, it's much easier to call me on the phone or drop by my house and ask for a copy.

Ron
SC
PaulH3 (Connecticut)
Posts: 29
Posted:
I'm enjoying this discussion. It is nice to see things with a different perspective.

My development is an 80 unit townhouse community that is only 1.5 years old. Since the Unit Owners took over control from the developer, one of the items that was the most requested was a website. Well, since that is what I do, I put together a site for the association. The site has both public and private sections. Our site has a registration form that allows Unit Owners to register for access to the private areas. We announced the site with a paper flyer to all Unit Owners. Within ten days of going live, we had 86 people sign up for access. (The number is higher than the total number of units since more than one person signed up from a few homes.)

There is clearly no digital divide in our community.
WilliamT (Arizona)
Posts: 489
Posted:
We use a Community123 web site. With this we have a selection button that is an automatic opt out of paper newsletter. They are given the option to deselect the option and continue receiving paper newsletters.

Our member sign up rate has been slow, however, only one person has opted to keep the paper newsletter coming to their home.

When we get 50% signed up on the site, we'll begin sending paper newsletters to only those who have not opted to not receive paper.
ST2
Posts: 22
Posted:
Some of our documents were so old and poor that they could not be read by an optical scanner. They were almost impossible to even read with "copy dirt"!

So, I manually retyped the pages that could not be scanned and followed exactly the original format. If there was recording info stamped on the original, it was simply re-typed on the new document replica. At the end of each page was a notation that the original was on file and this was a reconstructed replica due to poor quality of the original.

That puts everyone on notice that the newly-typed version was Not an original and also provided everyone with a clean, readable copy.

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