HOA sites

Does a homeowner have the authority to set up an HOA forum representing the Board when they are not on the Board?

Only with approval of the Board.

Otherwise, if they do make a site, they need to put plainly visible disclaimers that the site is not the official site of the Association. In my opinion, this disclaimer should be on each and every page of the site. Additionally, if such a site is created, the owner of the site should be aware of potential liability issues associated with defamation (i.e. libel).

Not knowing if you are a member of the Board, the owner of such a website or simply a concerned neighbor, I will offer the following from my experience:

I published an unauthorized newsletter for three years. During that time, I attended as many Board meetings as I could, read and learned the proper interpretation of our Governing documents and applicable State laws. When writing the newsletter, I let zero emotion into any of the articles. I stuck with the facts, provided references for the basis of those facts (so they could be independently verified) and basically let the facts speak for themselves. Even though I would question and criticized the actions of the Board I never signaled out a single individual. In fact, I would often praise them for stepping up and volunteering to serve on the Board. In essence, I used the newsletter to educate the membership. It took three years before I even saw the slightest change in the membership or the Board. It took even longer for actual changes to occur. However, they did occur.

If you're the owner of the site, know that it will be a long term process (I chose the newsletter as this put something physical in the hands of the members). Be willing to step up and pitch in running the Association where you can and will be allowed to do so (as this shows you're not just complaining but are willing to do the work necessary to make the changes you think should happen).

If your a member of the Board - don't simply dismiss the issue. Yes, take steps so others don't think the site is the official site of the Association (typically a simple demand letter from the attorney is enough to have that occur). However, listen to the concerns and review the governing documents and applicable laws. If the issue is valid, work to correct it. If the issue is invalid or caused by a misinterpretation of the governing documents/laws, then start educating. Even though I has an issue with the Board, I was always welcomed to the Board meetings and listened to. You need to do the same.

If your a concerned member, explain these issues to both parties. Then take the additional time needed to verify what you are trusting. What you verify will likely provide an indication of your next course of action.

Hope this helps,

Tim

For legality, you will need to consult with an attorney.

Paula,

My association has an official website that is essentially a one-way street. The board gets to put out its message but never posts any feedback from the members.

A former board member also hosts an unofficial forum where we can discuss pretty much anything we wish. While membership on the unofficial site is limited to association members, it is clearly not the official site. In fact, the unofficial site has a link to the official site. Not surprisingly, the official site has not reciprocated.

I spend a lot of time on FaceBook and find it is not very well suited for discussing anything of importance. The lack of indexing makes it almost impossible to find a specific topic within a group. I have seen disgruntled owners from other associations create FB groups and I have yet to be impressed by one. My advice is leave the FB page alone as it will eventually implode upon itself.

Rather than trying to suppress dissent, your association should have a website of its own under the name of your association (dot com) and the site should allow owners the opportunity to discuss all matters without restrictions that pertain to your association.

The most likely legal issue would be over the use of the name. You would have to sue for an injunction, calling even more attention to the FB page. That is probably not a good idea.

For legality I agree with Tim as we are not attorneys.

You Stated: None of the Board members are on it or wish to be on it.

If none of the board members are on the FB page and if page makes clear that it is not the HOA Board but a page for just homeowners to express themselves ... that may be freedom of speech. I have seen websites that homeowners have set up blasting wrong activities of their board ... would that be illegal ... probably not as they do exist.

Has the FB page been derogatory or has the information been somewhat pleasant? I potentially would not make an isssue of it as long as decent conversation and the board can check on it periodically. It can give insight to your members personalities and maybe a means to address issues before they become mountains.

Instead of Happy Valley Owners Association try Happy Valley Pi$$ed Off Owners Association.

That might eliminate any confusion.

Somebody didn't read the posting rules.

Yes it is selling a product/idea. It's someone spamming this site with their own personal agenda. Would I or you see a dime of money if we shared our ideas/stories and it's used in this book? Probably not. Wouldn't you want paid for sharing your idea that someone is going to make money off of? Then it's selling something...

oops, I pasted info into the wrong area for the link about solicting.

Here is a properly working link (darn lack of editing): Merriam Webster Definition of solicit