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BOD says I must change my Newsletter name

Started by MaxineB3 • 20 replies • 1421 views

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MaxineB3 (Florida)
Posts: 3
Posted:
The HOA has never had an official Newsletter. I have never claimed my Newsletter to be an official Association Newsletter. I call my Newsletter: WhittsHappening or Whittington Shorts. We have one street for all 107 Units. It's called Whittington Court.My email address is [email protected]. The 40+ residents that signed up for my newsletter were told it was a residents newsletter and they had to give me their email address because I was not getting this info from the Association or the Management Company. My Newsletter says by Maxine Buisson.

In several meetings my newsletter has been mentioned as being a good source of information or an item has been suggested as being added to the Newsletter after a discussion. The Board always says that the Newsletter is not official and I always say although it is my Newsletter, I will be glad to mention the subject. But you can tell they don't like my Newsletter.

When a new resident said she thought my email came from the HOA, I got this email form the secretary (Bob is the President):"Bob has asked that in this response to you I make it clear that you must put something in your newsletter/emails etc. that clearly states that the communication you put out is your opinion and not provided by, sanctioned or endorsed by the board.

Do not put up any signs without board approval as they are not permitted. Please change your emails so they do not read from Whittington Court. It confuses people and is like going behind the board's back. You have no permission to state your publication is from Whittington Court."

I have already changed the name (the BOD doesn't know this) but now there is a notice on the public bulletin board saying no one can put up anything without the BOD saying it is OK. A complete violation of our communication rights. I fear this board is up to something that they are going to try to hide. They have pulled this before the complex was completely occupied.

M.B.in Florida
TimB4 (Tennessee)
Posts: 21,059
Posted:
Maxine,

I can understand the confusion and, I believe from what you posted, the Secretary said it well. You did to specify that your publication is not the publication of the Association.

If you don't have one, place a disclaimer in the newsletter. This is what I did when I did my newsletter.

My Disclaimer, a simple article listed prominently on page 1 of every edition:

This Newsletter is not the Official word of the HOA
This newsletter should not be considered an official document concerning matters of the Association. It contains the individual observations of its' writers and their understanding of the governing documents of the Association. The reader is encouraged to do research and verify any article written.

Mind you, in every article I always referenced and cited any governing document or applicable law that applied. This made it easier for the reader to verify and helped establish my credibility.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I also used a play on the official newsletter.

The Associations newsletter: The Tallyho
My newsletter: The Tally Know
KerryL1 (California)
Posts: 14,550
Posted:
I agree you need a disclaimer. Doesn't need to be as long as Tim's especially if you don't discuss your f governing docs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Max

They did not ask you to stop the newsletter or threaten you if you do not. They simply asked for you to clarify it is not from the HOA and not use an confusing Email addresses. So do as they ask.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kerry,

Do you have a better disclaimer that will keep the Association happy and cover the publisher (i.e. the OP) for any legal liability?

OR

What would you leave out of mine.

Keep in mind, that disclaimer took up less then a column inch.
That with it being in a type set that was easy to read: Times New Roman 12 pt.

DouglasK1 (Florida)
Posts: 2,046
Posted:
I agree that a disclaimer is a good idea.

If it were me, I'd keep the email address. The board is welcome to send out a communication that it is not an official email address of the association if they feel the need.

You mention "public bulletin board". We have a message board near our entryway, but it is for association communication, not for everyone's use. If the association owns the board, I think they would have the ability to manage what is placed on it, as long as they treat everybody equally. If this involves requiring prior approval for all postings, that is probably a reasonable requirement.
Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I'll add that if the email address was [email protected], or whitbod, or something that implies some tie to the association, I could see a reasonable case for the board to ask the OP to stop using it. I don't think it's reasonable to disallow any address that has any reference to the street name where they are located.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Here is Tim's: "This newsletter should not be considered an official document concerning matters of the Association. It contains the individual observations of its' writers and their understanding of the governing documents of the Association. The reader is encouraged to do research and verify any article written."

"The [name publication] is not an official document of xxx HOA or its Board of Directors. All opinions and information are the writers of the New items."

What, Maxine, do your "Communication Rights" say about BB postings? What do you want to post that you think troubles the Board?

We have one in each of two mailrooms for residents, & one covered in glass in each for HOA positing.
SheliaH (Indiana)
Posts: 6,964
Posted:
Regarding your newsletter, I agree with everyone that all you need is a disclaimer stating this isn't an official association document.

As for the public bulletin board, is it possible people were putting up things that were inappropriate or taking down announcements without permission? Did you ask the board about this? If so, what was the response?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MaxineB3 on 03/06/2017 6:58 AM
I have already changed the name (the BOD doesn't know this) but now there is a notice on the public bulletin board saying no one can put up anything without the BOD saying it is OK. A complete violation of our communication rights.

I'm in agreement with everyone else who says you should have a prominent disclaimer in your newsletter. I might think about changing my email address to avoid confusion, but I wouldn't feel compelled to do so. I'd add somewhere in your disclaimer, "If you received this newsletter by email it is because you requested that I send it to you and provided me with your email address. The association does not provide me with anyone's email address."

Aside from that, what "communication rights" are you talking about? Unless they are defined and enumerated in your CC&Rs I would submit that there's no such thing and that your board is within its rights to regulate what may be posted in and on common areas and bulletin boards. The board has no obligation to assist you with regard to your unofficial newsletter.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As I read more and more the one thing that reaches out is the BOD accusation of Maxine misusing the associations bulletin board so obviously she is posting "things". I am beginning to believe Maxine is not as pure as the driven snow.
MaxineB3 (Florida)
Posts: 3
Posted:
That posting was a sign saying " Please Do No Feed the wildlife in the Pond". One on the residents that has a yard backing up on the pond asked me to post the request in my Newsletter & I put up the sign for those that don't get emails. We have had 2 or 3 alligators removed from the pond and there are pictures of alligators sun bathing on patios. I thought it was a fine idea. However one board member's brother-in-law (a grown man) likes to feed ducks back there and resented the sign. The board didn't think alligators on patios was bad enough to warrant a sign stopping the brother-in-law from feeding the ducks. I said a child or a dog could be in danger, but I was told there was no problem by the pond.
KerryL1 (California)
Posts: 14,550
Posted:
Perhaps you, or better yet the one who complained about the duck-feeing can ask the Board to place the matter on a meeting agenda. Do not feel nay wildlife in the pond seems like a reasonable rule to me. But the Board needs to vote on it, I believe.
KerryL1 (California)
Posts: 14,550
Posted:
Ha ha, how about; do not feed any wildlife in or around the pond.
MaxineB3 (Florida)
Posts: 3
Posted:
You know what? When the board has info, pictures, resident requests, on one side and an adult that wants to feed ducks but is related to a board member on the other and the response is "you can't post the sign on the bulletin board". Do you really think a meeting is going to matter?
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying, Maxine, that the one who complained or others who want the behavior via a new rule stopped, cannot get this item on a open meeting agenda? What is required to get matters on an open meeting agenda in your HOA?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MaxineB3 on 03/06/2017 4:07 PM
That posting was a sign saying " Please Do No Feed the wildlife in the Pond". One on the residents that has a yard backing up on the pond asked me to post the request in my Newsletter & I put up the sign for those that don't get emails. We have had 2 or 3 alligators removed from the pond and there are pictures of alligators sun bathing on patios. I thought it was a fine idea. However one board member's brother-in-law (a grown man) likes to feed ducks back there and resented the sign. The board didn't think alligators on patios was bad enough to warrant a sign stopping the brother-in-law from feeding the ducks. I said a child or a dog could be in danger, but I was told there was no problem by the pond.

What is the LAWS from local government, state government, federal government, etc. regarding FEEDING WILDLIFE? How much do you want to bet they state DO NOT FEED WILDLIFE in certain areas? Keep in mind that certain local and state laws will supersede any CCR's in some circumstances. LOL ... we do not allow trash cans out beyond certain time frames so we do not attract BEARS. Both alligators and bears have big teath and are not nice to deal with ...
PitA
Posts: 1,416
Posted:
I will bet 1000 to 1 that feeding migratory wildfowl is against the law (or at least some 'administrative code)because of the fecal matter generated thereof.

here in Horry County, SC:

“It has been determined that the presence of large numbers of waterfowl cause a
public nuisance by contaminating lakes and ponds and causing erosion”

Chapter 4 – ANIMALS
Article III. – Migratory Wild Fowl
Sec. 4-33 – Prohibition of feeding
a) No person shall feed, cause to be fed or provide food for domestic or migratory waterfowl in residential areas of Horry County.
b) No person shall create or foster any condition, or allow any condition to exist or continue, which results in a congregation or congestion of domestic or migratory waterfowl in residential areas of Horry County.

Sec. 4-35 – Enforcement
The Horry County Police Department is authorized and directed to enforce this chapter.


KerryL1 (California)
Posts: 14,550
Posted:
Good cite, PitA; maybe Maxine can see if her county has something similar.

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