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AmyS14 (Virginia)
Posts: 9
Posted:
Virginia Law requires associations to allow owners to 'communicate.' As a new board member I'd like to create a 'free' webpage for information and open discussion. Any suggestions?
KerryL1 (California)
Posts: 14,550
Posted:
I'm glad you're willing to serve on your HOA Board, Amy. Welcome to the Forum.

My questions may seem sarcastic, but isn't meant to be: How would an HOA prevent Owners from communicating? Put differently, can you be specific about the law's wording?
AmyS14 (Virginia)
Posts: 9
Posted:
Virginia has good laws that protect owners, renters alike. I've pulled this:
§ 55-79.75:1. Distribution of information by members.

A. The executive organ shall establish a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves and with the executive organ regarding any matter concerning the unit owners' association.

B. Except as otherwise provided in the condominium instruments, the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners' association.

2001, c. 715; 2003, c. 405.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Amy,

I am the administrator of our website.
The forum section on the site satisfies the requirement outlined within the VA statute.

Factors in deciding a site will include:
Cost
Storage space
access (who will have access and to what)
bandwidth
administration
updates
will email be provided (if desired)
etc.

I should also say that you can always check out Community123.com (the host of this site).

Email me and I will provide more specifics (as many of them can not be provided on this site due to posting rules): [email protected]
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 03/14/2016 4:00 PM
I'm glad you're willing to serve on your HOA Board, Amy. Welcome to the Forum.

My questions may seem sarcastic, but isn't meant to be: How would an HOA prevent Owners from communicating? Put differently, can you be specific about the law's wording?

Kerry,

Amy provided the citation.

keep in mind that this requirement can be met various ways. Even a simple bulletin board posted in the common area can satisfy this requirement.
JonD1
Posts: 2,350
Posted:
I would be curious as a new board member is this something the board would like to take on or is Amy deciding she should do this on her own?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Good question.

I think it's something Amy suggested as a way to comply with the requirement outlined within VA statutes.
Other ways would be a facebook page, twitter account, community bulletin board, etc.

The courts in VA have ruled that having a forum section on the Associations website does meet this requirement. However, I don't have the exact ruling handy.

I know that when I got on our Board, the minutes showed that there was an earlier website that simply went away (for reasons unknown). Then, after a few years, a board member hired their high school age son to design a website. There was zero documentation and it took me a few years to learn it. I then took the time to redesign the site and include things like all of our governing documents, links to applicable statutes, a forum section, etc. I would like to take the time to redesign it again to make it more compatible for cell phones and tablets. Unfortunately, I simply don't have the time.

It's also sad to know (because administrators can look at the traffic) that the site mainly gets used by existing board members and potential buyers. Rarely do members actually utilize the site.

Tim
JonD1
Posts: 2,350
Posted:
My guess would be low usage would be commonplace with such a site. You can lead a horse to water but you can't force them to drink.
In most cases apathy rules the day. And many well intentioned attempts to build up interest or participation simply fail in their intended purpose due tomlCk of any real interest. The road to hell is paved with .............

Seems like a lot of effort and time with little cereal return.
AmyS14 (Virginia)
Posts: 9
Posted:
We are a tiny condo association, I was hoping for a free and simple webpage for exchanges because some owners have already mentioned that they do not use Facebook or Twitter or are not tech savvy. I may just rely only on what I've recently put together-which is a Facebook page and a new gmail account. With the gmail account I've started using Google Drive and uploading documents into different folders. Folders can have restricted use-so directors only can share privately.

I might add that Virginia DPOR (community regulatory division) lists 'final determinations' on complaints from homeowners. This link includes decisions on 'communication methods.'
http://www.dpor.virginia.gov/cic-ombudsman/determinations/#chart

I noted on one determination that bulletin boards were not an acceptable method of communication because of vandalism - or stolen flyers etc. The regulation is intended for very large communities where owners want to arrange for private chat. I think the law also gives owners the right to have access to others contacts, with restrictions.

Thank you,
Amy
DouglasK1 (Florida)
Posts: 2,046
Posted:
We have a community nextdoor.com page that is not officially sanctioned or managed by the board, but most board members have joined, along with a majority of homeowners.

Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,964
Posted:
We started a website last fall - don't know how much traffic it's getting, but content is beginning to grow. Our now former president also set up a group on the nextdoor.com website, but I think there are fewer than 10 homeowners on it.

For those of you with websites, do you have certain areas that are only available to homeowners? If so, how hard is that to set up? I was going to suggest to our board that we include periodic income/expense summaries, but part of me thinks our current webmaster (also a board member) might balk because everything on the site is available to the general public and he might be concerned how a potential buyer might react to it.

On the other hand, I think homeowners need more information that just the annual budget, so I'm wondering if we could make that information available through some sort of password protected thing. If that's too much work, I'll suggest posting an announcement telling people where they could get that information or perhaps putting some sort of summary in the minutes, reminding people to contact our property manager if they want an itemized report.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SheliaH on 03/15/2016 8:18 AM

For those of you with websites, do you have certain areas that are only available to homeowners? If so, how hard is that to set up?

We have meeting minutes (Board, Committee, Membership) and special reports (reserve study, audits, etc.) set up via passwords for members only. Members must apply for a password. I've had 29 out of 130 lots sign up for this.

Easy to set up.

AmyS14 (Virginia)
Posts: 9
Posted:
If you can't go the route of passwords etc., it would be safe enough to just inform owners on the website that (document) or (financials) are available for viewing or copy at $.xx per pge with XX days notice. Some state statutes give very specific information on this.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Amy.

I am all for communication, information, openness, etc. but I am not for an interactive chat as it can quickly become an interactive bytching session.

Be careful on the interactivity.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JohnC46 on 03/16/2016 10:39 AM
Amy.

I am all for communication, information, openness, etc. but I am not for an interactive chat as it can quickly become an interactive bytching session.

Be careful on the interactivity.

But Virginia law seems to require just that. The board's remedy is to quit acting like a bunch of jerks.

RichardP13 (California)
Posts: 3,868
Posted:
Use email to communicate.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Keep in mind that VA law, specifically § 55-510.2 for HOAs, and § 55-79.75:1 for condos, requires the Association to establish a way for members to communicate amongst themselves. The Board does not have to respond (and in my opinion, should not respond) to anything communicated this way. If an individual has an issue the Board should be made aware of, they should contact the Board directly (not through a community forum, facebook page or bulletin board).

Granted, the statute also requires that members have a free way to communicate with the Board. We provide Association email addresses and phone numbers for such communication. Both of which are included on the Association website, published in our newsletter and included in our notice of annual assessments.
KerryL1 (California)
Posts: 14,550
Posted:
Thank you, Tim, I was able to see Amy's reply following my question.

Say, Amy, how many condos are in your HOA? Are all in one building, or? (My HOA is two multi-story condo buildings.)

I entirely agree with Tim that the communication among members should be exactly that and board members need to stay out of it. CA has no such requirement in HOAs.

Owners should always be encouraged to communicate any complaints to the registered agent of the HOA whether a PM or HOA email addy in the case of self-managed HOAs.

We, too, have a monthly newsletter that goes by e-blast to about 4/5 of our Owners who've given us written permission to send certain communications by that method. Those Owners who haven't opted in, and renters, get the News on the non-protected part our web site or in our mailrooms. The News is where we publish frequent tips about saving water, certain rules, etc.

Our website also has a Work Order feature for common area problems.

We also send out a annual review of many of our policies as required in CA, e.g., a summary of our Architectural Change Application & procedures, fine schedules, etc.
AmyS14 (Virginia)
Posts: 9
Posted:
Thanks Kerry, Tim and all.
I'm not sure, but I think the reasoning of the state statute to provide reasonable communication between owners is give the entire community a lobbying method prior to elections etc. LOL. Therefore, the board should not interfere.
Kerry - we have less than 20 condo units in our association so the communication effort isn't that difficult for most people- just walk across the drive, although some of the owners live elsewhere. It sounds like you have everything under control with your HOA - we have a long way to go and not a lot of participation. Virginia too allows email notifications-- with a signature on file for verification.
SharonW3 (North Carolina)
Posts: 30
Posted:
Our board has an email account that all residents can reach out to the board. I am not sold on Nextdoor. With Nextdoor you are using someone else's site and they have the control. Residents got on the site and called each other out by name. Many hurt feelings, etc. We have a website but few visitors. We have a newsletter that we copy off and leave at mail kiosks. The paper copy of the newsletter still seems like our most effective way of communicating.
GwenG (Florida)
Posts: 669
Posted:
I own/administer an independent website for my HOA community but since it is not officially affiliated with the Association, it would not fulfill VA statutes. There is no similar law in Florida.

It is loaded with appropriate HOA-related content, non-HOA boards such as Classified Ads and "Funnies" and invites resident-interactivity. ANYONE can read or post to the Forum--inside or outside the HOA. The board does not hide financial or business documents from non-owners but this restriction is available though "permissions" settings. It "re-forms" proper names with a special plug-in app to keep search engines from identifying real people.

All owners--including board directors-can participate in all discussions but posting without prior approval of the Admin can only be done by registered members. Admin reads all posts of guests and this became a necessary strategy because of flaming by....certain disgruntled board directors! Thoughtful, evidence-based criticism is not censored. There have been very few problems with participants misbehaving even in a contentious HOA environment.

The website is free. It is much more sophisticated than the fee-based website that hosts the official HOA business, which does not have a forum/discussion section for owners/residents. The labor to maintain it, post timely and relevant content and keep conversation civil and appropriate is volunteered. Technically, there is a special learning curve but if you are cyber-oriented, it is only mildly painful.

To some, it might seem that "the juice is not worth the squeeze" but to the folks who read, learn, and exchange thoughts/ideas with others, it is a very desirable resource.

To the OP, I am curious why VA has this "communication" law. Do you know the history? Does the law have "teeth"?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GwenG on 04/28/2016 10:05 AM

To the OP, I am curious why VA has this "communication" law. Do you know the history? Does the law have "teeth"?

Gwen,

My understanding is that the statute came into law in 2001. This was a time when the open meeting law was being beefed up to close loopholes that some Associations took advantage of. The entire bill was modified a few times and had two votes that blocked passage until changes were made.
Here is a link to the Bills history.

This law, like all HOA laws, is a civil statute and is resolved through the parties involved or the courts. However, recently the legislature has beefed up the Virginia Common Interest Community (CIC) Ombudsman's Office.

The Ombudsman reviews complaints from members who believe their Association/Board has violated VA statute. If the Ombudsman believes there is enough evidence, the issue is referred to the CIC Board (I expect with a recommendation). The CIC Board (this is where the recent changes occurred) has the authority to impose monetary penalties to the Association. A determination by the CIC Board can also be used by either side if they desire to take the issue through the courts (which is still an option for the member, regardless of what the CIC Board determines).

I actually have a link to the Ombudsman website on the Associations website.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Amy,

One thing I wanted to point out with our forum (which may help other Associations).

Our forum pages are open to everyone to read.
To post, you must sign up.

Initially when we opened our forums we were hit with spam from all over the world. It took a lot of time to keep it cleaned up. In fact, we had to take it down for awhile because of the spam.

One thing I learned is that most of the spam is posted by bots (automated programs). Choosing a captcha that asked questions about out development (what elementary school is close to us? or what county park is across the parkway?) has worked in preventing the bots from signing up and posting spam. A resident or owner would easily know the answers to the questions, so they are quickly approved to post.

You may want to consider using that type of captcha if you have forums on the site.
MarieL3 (North Carolina)
Posts: 1
Posted:
Next Door is an app/website that allows an open forum for residents. Not sure if this fits the requirements but has been a wonderful addition to our community. Great way to stay in contact with residents on happenings throughout the year.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ryan,

I suggest you read the forums posting rules
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 05/25/2016 7:46 PM
Ryan,

I suggest you read the forums posting rules

Who is Ryan?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Posted earlier. Sounded like he was selling their website hosting service.

I had reported it earlier.
When I saw it was still there, I made the comment about reading the posting rules.

It appears that a moderator removed the posting I was referring to.

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