Facebook - Documents

Two of our board members have decided that our governing documents are to be posted on Facebook for our members to see. The facebook page is private, but we all know that doesn't mean much.

What would be the best way to tell them that is not a good idea.

They have posted the bylaws, corporation commission documents, and want to post our tax returns. I know that this stuff is public knowledge but I also think Facebook is not the place for these documents.

The board are the blind being lead by one person. We have 7 board members and only two seem to see things logically.

Is Facebook a good place for these documents?

I see zero problem with posting the governing documents on a Facebook site. They are public record at the County Clerk's. I do not see a problem posting the tax returns, either.

I agree.

Whether it is Facebook or your own website, the security is always questionable.

Frankly, if my only choice was fb, I would record the bylaws and then both the bylaws and the CCRs would be on record with the county.

Tax returns? I would not post them anywhere.

I have built a number of HOA websites over the past 10 years. What documents would I put up there? Here is a list and then a justification for those documents to be made public.

1. Governing Docs (Articles of Incorporation, CCRs, Bylaws, Rules and Regulations, Election Rules (required in California) and any amendments to those documents.
2. Master Insurance Declaration Page
3. Architectural Review application
4. Monthly homeowner financials (balance sheet, income and expense statement)
5. Board approved minutes
6. Annual Budget Packet-Due 30 prior to close of fiscal year
7. Annual Financial Review-Due 120 days after close of fiscal year

I've managed over 120 HOA's over the last ten years and have had one person that ever was a pain in the ass for documents. Take away any objections from a owner saying the association is not being transparent or forthcoming.

These are documents that owner needs at some point in time. Some are to show what a Board does during their open meeting and how much money is there and where is it going. If they want to make changes to their property, the document to change is there. All HOA's I have managed file IRS 1120-H. All the form show is whether a HOA should be treated as an exempt organization for tax purposes, so I would never post it.

As far as the websites, I built a template that is used for everyone. Takes two hours to setup and maybe 15 minutes max per month to maintain. I use web portals for owners to access their own personal account where they can view and pay their bill, setup ACH, report a violation and open up a maintenance request.

Some argue that it should be behind some security door? Why? What part of any of the documents has to be potentially shielded from prying eyes that just aren't there.

My motto is "Be part of the solution, not part of the problem".

If a HOA is a condo or townhome that mortgage companies will need proof of insurance, that updated declaration page is available to homeowners to forward to their respective mortgage company upon demand. If the community is a PUD when owners pay for their own homeowners insurance, the common area insurance declaration page is not posted as it has no relevance to homeowners or their mortgage company. I also don't post earthquake insurance declaration pages as the mortgage companies don't require that coverage.

Geno

Can I assume you are all for posting the docs Richard listed, just no on FB.

What about on an association website?

I am in favor of putting as much as possible online. A website where the association is in full control of the contents would be perfect. In Florida, condo assns with over 150 units are required to have a website. The statute provides certain requirements of said website including:

"The association’s website must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association."

"Upon a unit owner’s written request, the association must provide the unit owner with a username and password and access to the protected sections of the association’s website that contain any notices, records, or documents that must be electronically provided."

As for the first quoted excerpt, I don't think a FB page would qualify because FB reserves the right to review everything one posts on FB, and to provide links to the content as they see fit. Any FB administrative oversight on a putative "Association FB" page would not be permitted.

As for the second quoted excerpt, note that the association must give the requesting owner an id and password. "You have to sign yourself up to Facebook, we can't give you a username/password," doesn't cut it.

There's another subsection that raises questions, too, regarding whether FB would qualify in terms of fulfilling the requirements.

The devil is in the details of the governing documents.

Kelly,

It could matter - I agree that since the governing docs are already public, it should not matter - BUT, the intent to post tax filings could lead to other things being posted - financials, minutes of meetings, names of residents, etc.

Sure, much is available online when one does good research, but ...

Social media is a magnet for aggressive research.