Codes of conduct and moderation for HOA-wide email groups

ChrisE8
Posts: 454

Posted:

If your HOA has a community-wide email list (such as a Yahoo Group or other email platform that allows owners and others to send emails to the whole community, the board and the property manager), is it:

1. Moderated (if so, by whom- a board member or someone else)

2. Not moderated at all

3. Subject to a code of conduct or terms of use

My community has one, and the property manager fights with owners via community-wide emails. It doesn't create the best impression.

Thanks.

AugustinD
Posts: 5,144

Posted:

Flippant but still, meant with respect:

I think the subject line is oxymoronic.

GregM14 (Washington)
Posts: 81

Posted:

I think it is best for the HOA not to run discussion groups or e-mail listservs or the like.

The reason why is that an HOA is a quasi-government entity, and it goes down a path of 1st amendment rights if the HOA actually moderates discussions. Rather, I would encourage homeowners to run their own discussion group separate of the HOA.

SheliaH (Indiana)
Posts: 6,964

Posted:

we don't have one - I'm not sure anyone would use it - we barely get a lot of people using the website. Personally if we had such a forum, I would expect some code of conduct - no threats, cursing, etc. Violating the rules might end up with you being kicked off.

I don't know what the legal bafflegab would be on the following, but it seems to me there should be a way to say the site is the property of the association's (in case you need o use the comments as evidence in some sort of legal action.) AGain, I don't know if it's possible and the law on use of social media continues to evolve, so what may be true today, may be completely different tomorrow.

That said, what Is it with you and this property manager??? If you're concerned about his or her conduct, why haven't you contacted the board? You say he or she argues with the posters and while that's unprofessional, arguing requires at least two people, and we don't know who said what. Sometimes people continue to scream even when evidence to the contrary is slapping them across the face (like our soon to be ex president). Just because I disagree doesn't mean I'm being argumentative. The name calling and cuss words is another matter.

If things are getting heated, it may be time for the board to reconsider operating this board, regardless of who starts the fire. People should behave like the adults they're supposed to be, and sometimes the lack of rules can result in spreading gossip damned lies anyway. if someone is honked off about something, it may be best to send a letter to the board of attend the next meeting.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ChrisE8
Posts: 454

Posted:

Quote:

Posted By SheliaH on 01/15/2021 9:56 AM
we don't have one - I'm not sure anyone would use it - we barely get a lot of people using the website. Personally if we had such a forum, I would expect some code of conduct - no threats, cursing, etc. Violating the rules might end up with you being kicked off.

I don't know what the legal bafflegab would be on the following, but it seems to me there should be a way to say the site is the property of the association's (in case you need o use the comments as evidence in some sort of legal action.) AGain, I don't know if it's possible and the law on use of social media continues to evolve, so what may be true today, may be completely different tomorrow.

That said, what Is it with you and this property manager??? If you're concerned about his or her conduct, why haven't you contacted the board? You say he or she argues with the posters and while that's unprofessional, arguing requires at least two people, and we don't know who said what. Sometimes people continue to scream even when evidence to the contrary is slapping them across the face (like our soon to be ex president). Just because I disagree doesn't mean I'm being argumentative. The name calling and cuss words is another matter.

If things are getting heated, it may be time for the board to reconsider operating this board, regardless of who starts the fire. People should behave like the adults they're supposed to be, and sometimes the lack of rules can result in spreading gossip damned lies anyway. if someone is honked off about something, it may be best to send a letter to the board of attend the next meeting.

I'm not participating in the discussions; it's owners accusing the property manager of stealing, and the property manager insulting the owners.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree with the responders so far, and here's a summary of what our attorney has said about these sorts of things (including social media pages):

* The HOA is responsible for all content posted on their official pages. The insurance agent must be informed about the presence of such a site so he/she can add appropriate liability coverage.

* A Terms of Service agreement is a must, and no one should be allowed to post without agreeing to these terms. The Terms should be written by an attorney since their purpose is to limit the association's liability. (This is why all websites allowing people to post content, including this one, have Terms of Service agreements that can be as long as your arm.)

* A knowledgeable moderator is also a must. These sites tend to collect posts that violate copyright, are defamatory, violate privacy (eg. photos of children posted without parents' consent), and just plain contain bad info. The moderator needs to understand what he's looking at.

* As you may suspect, moderation is time-consuming, and volunteer board members' time is already limited. A paid manager also will not have time.

* You are providing a platform for those whose only goal is to stir up trouble.

* Sites that allow posting need to be able to remove people who won't comply with the rules. If this is a resource that is meant to serve the entire community, you'll be undermining its goals.

In general, the attorney recommended that communication of this sort should be one way. Homeowners can be given other options to communicate with the HOA.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By CathyA3 on 01/15/2021 10:34 AM
* You are providing a platform for those whose only goal is to stir up trouble.

And I would say about 90% of the time, those wanting to stir up trouble do so without an understanding of the covenants, applicable state statutes and the board's obligations under the law.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By ChrisE8 on 01/15/2021 10:32 AM

Posted By SheliaH on 01/15/2021 9:56 AM
we don't have one - I'm not sure anyone would use it - we barely get a lot of people using the website. Personally if we had such a forum, I would expect some code of conduct - no threats, cursing, etc. Violating the rules might end up with you being kicked off.

I don't know what the legal bafflegab would be on the following, but it seems to me there should be a way to say the site is the property of the association's (in case you need o use the comments as evidence in some sort of legal action.) AGain, I don't know if it's possible and the law on use of social media continues to evolve, so what may be true today, may be completely different tomorrow.

That said, what Is it with you and this property manager??? If you're concerned about his or her conduct, why haven't you contacted the board? You say he or she argues with the posters and while that's unprofessional, arguing requires at least two people, and we don't know who said what. Sometimes people continue to scream even when evidence to the contrary is slapping them across the face (like our soon to be ex president). Just because I disagree doesn't mean I'm being argumentative. The name calling and cuss words is another matter.

If things are getting heated, it may be time for the board to reconsider operating this board, regardless of who starts the fire. People should behave like the adults they're supposed to be, and sometimes the lack of rules can result in spreading gossip damned lies anyway. if someone is honked off about something, it may be best to send a letter to the board of attend the next meeting.

I'm not participating in the discussions; it's owners accusing the property manager of stealing, and the property manager insulting the owners.

And there's your liability.

MichaelS56 (Minnesota)
Posts: 858

Posted:

Our association has its own website and the Board controls the email blast portion of this site, that goes to all of the owners. Our management company can also send a HOA wide email with their information, without Board approval.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Not sure I completely buy the quasi gov thing, Greg.

Read a bit - meh, not clear.

https://en.wikipedia.org/wiki/Davis–Stirling_Common_Interest_Development_Act

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GregM14 on 01/15/2021 9:14 AM
I think it is best for the HOA not to run discussion groups or e-mail listservs or the like.

Agree 100%

Quote:

Posted By GregM14 on 01/15/2021 9:14 AM
The reason why is that an HOA is a quasi-government entity, and it goes down a path of 1st amendment rights if the HOA actually moderates discussions.

Disagree 100%. It may be "quasi" but an HOA is in no way part of civil government.

Quote:

Posted By GregM14 on 01/15/2021 9:14 AM
Rather, I would encourage homeowners to run their own discussion group separate of the HOA.

Back to Agree 100%

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By GenoS on 01/16/2021 10:22 AM

Posted By GregM14 on 01/15/2021 9:14 AM
The reason why is that an HOA is a quasi-government entity, and it goes down a path of 1st amendment rights if the HOA actually moderates discussions.

Disagree 100%. It may be "quasi" but an HOA is in no way part of civil government.

I agree with GenoS. Courts have ruled that HOAs and condos are quasi-government for certain purposes. But courts have never ruled that a HOA or condo has to give members unlimited free speech rights on forums that the HOA or condo provides. For the purposes of "free speech," HOAs and condos are corporations with the power to determine what gets posted on its own online forums, newsletters, and the like.

The only instance where a HOA or condo might be required to allow all speech is when distributing information about candidates for the board. All candidates should have the same access to HOA/condo resources.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Our email group is managed by one person on the board.
Too many cooks type of thing.

The group is only used for messages from the board to the group.

The individual email of those in the group can not be seen by others.
Placing the group name in the blind carbon copy section accomplishes this.
It also prevents anyone from responding to all members.

RobertR28 (Missouri)
Posts: 1

Posted:

You are 100% correct. Not only that, many don't listen when their questions are answered, or those of others. In multiple Zoom mtgs. about our 2021 budget, the same questions keep coming up although they've been answered multiple times.