💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

EvelynW (South Carolina)
Posts: 13
Posted:
My HOA started a Facebook page back in 2019 - admin is (was) a Board member - the policy statement says the group is only for owners of our community and not tenants/renters...that being said, I am an owner and was in the group - I said was .... not by my choice- some residents didn't like me and they blocked me from the group - why?? maybe my religion, my ethnic background , my sexual orientation - I don't know.... I ran for the Board but couldn't get my platform out to the residents since I was blocked (oh the people who didn't like me were board members)....Do I have a leg to stand on?
AugustinD
Posts: 3,698
Posted:
I think you have a leg to stand on. However, if you have no hard proof that this is happening because of your race, religion, ethnicity or sexual orientation, thenn in my experience, your hiring an attorney would likely be necessary.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By EvelynW on 12/12/2021 6:42 PM
My HOA started a Facebook page back in 2019 - admin is (was) a Board member - the policy statement says the group is only for owners of our community and not tenants/renters...that being said, I am an owner and was in the group - I said was .... not by my choice- some residents didn't like me and they blocked me from the group - why?? maybe my religion, my ethnic background , my sexual orientation - I don't know.... I ran for the Board but couldn't get my platform out to the residents since I was blocked (oh the people who didn't like me were board members)....Do I have a leg to stand on?

If the admin is no longer on the board, and no board members are admins, you will have a hard time proving that it's still a site run by the HOA.

If the HOA is not running the site, then you don't have a leg to stand on.
EvelynW (South Carolina)
Posts: 13
Posted:
past admin was a board member (the one who blocked me while still a board member) & still is admin...another board member is moderator...my friend took picture for me - since they blocked me the group doesn't show on my searches...I hand wrote a letter to the board president telling him I found it discriminatory and past posts to be defamatory (I did copy one thread)....no response nor any action...now, am being singled out "selective enforcement".....
LaskaS (Texas)
Posts: 1,025
Posted:
facebook is not real life.

is the facebook page the exclusive online portal for your hoa.. or is there an hoa web page that serves as the official online presence.?

Unless the facebook page is the official page of the association. I'm not sure you can do much.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By EvelynW on 12/12/2021 6:42 PM

I ran for the Board but couldn't get my platform out to the residents since I was blocked

I'm sorry. However, social media is not the only way to get a message out.
Knocking on doors, Sending mailings, Holding socials and talking to people are all tried and true ways to get a message out.

Regarding you being blocked from the group, as others have said, if this is the official Association platform, you have some standing (it won't matter who the admin was). However, if it is a non-official social media platform for the community, you do not.

Things that might help your case:

Group was publicized by the Association.
The Association has no other website you can be/are a part of.

Keep in mind that legal action, which is what I think you are inferring, takes time, energy and money. What goal do you think you would want to make you whole? Admittance back into the group by force? Prove a principal that they were wrong for taking that action? etc.

Legal action divides the community.
That is typically not a good platform to run on (if you are still interested in serving on the board).

Tim

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By EvelynW on 12/12/2021 10:12 PM

I hand wrote a letter to the board president telling him I found it discriminatory and past posts to be defamatory (I did copy one thread)....no response nor any action...

Such a letter could be considered pending legal action.
Typically, having served on a board, legal advises not to respond in such situations as it may damage the Associations case for a defense.

Selective enforcement is enforcing covenants, rules, regulations on one and not others who are also in violation (at the same time) of the same covenant, rule or regulation. Selective enforcement is used as a defense not as a charge. See:

About Selective Enforcement by a management company

Facts About Selective Enforcement By an HOA by an attorney

Selective Enforcement Defense Against HOA
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What is it that Marc's Brother said? "I would not belong to a group that would allow someone like me into their group?" This after he successfully sued a club that didn't allow him in?

So what if you can't get onto the Facebook page of your HOA? There are other ways to communicate. Plus Facebook eventually will go away. It is also up to the admins to decide whom to allow or not allow if it is a PRIVATE group.

Whatever reason YOU are assigning the reason to being is NOT the reason they are. You won't accept the reason they give you anyways are you? It's always going to be YOUR reason. So do what you have to do. Although suing your HOA is suing yourself and your neighbors. It's not going to do you any favors when the other members hear you took that kind of action. You going to sue others for complaining about your lawsuit too?

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Things that won't help your case: The Facebook or other HOA-run website page has a code of conduct that the admin enforces, and people who repeatedly violate the code are blocked/removed from the group. They have to do this to limit their liability.

Which is why many lawyers recommend that HOAs not allow free posting by homeowners on their official sites. These sites should be informational only. Homeowners who want to post things can do so on their own time and their own dime.
MarshallT (New York)
Posts: 414
Posted:
Hi,

I understand your frustration and your claims may be true. However, you would need to demonstrate that discrimination occurred and take the issue to a judge. Are you willing to invest your time and money into this? If you don't have a strong case, you will end up having to pay expensive attorney fees.

BenA2 (Texas)
Posts: 1,273
Posted:
If it is an official HOA FB page then you could argue all owners should have the same access. If it is a page set up by an individual, even if they happen to be on the board, you have no right to be on the page so there is no illegal discrimination.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BenA2 on 12/13/2021 7:56 AM
If it is an official HOA FB page then you could argue all owners should have the same access. If it is a page set up by an individual, even if they happen to be on the board, you have no right to be on the page so there is no illegal discrimination.

This is my belief also.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
I'm not exactly sure how you know if a Facebook group is an official group of the HOA or something created by homeowners and not run by the HOA.

I mean - if the HOA passes a motion at a meeting to create a group "Sweetwater Community HOA Group" and then a board member is the admin, it would probably be official. But I doubt that a motion was passed at a meeting, and likely someone (then a board member) just created the darn thing. Since the admin is a former board member, I think the current board could deny that it is official in any fashion.

Likely, it's just a watering hole for homeowners and the OP is mad that they were excluded from this watering hole.
LetA (Nevada)
Posts: 2,679
Posted:
Then again, you stated you are not an owner. Was one of the FB group requirements that you be an owner?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So how does one know your sex, age, and color of skin when your posting to discriminate against? Do you go : I am a "70 year old black lesbian" before you post anything? Otherwise to assert that you are being discriminated on these things, you have to prove people KNOW these things about you.

That is what I don't get when people claim this on a social media format. "I was banned because of I am a woman" Well no. You are saying this is the reason. It's most likely what has been said or has offended others. It also could be that you don't qualify as a non-owner to be on the page.


Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By BenA2 on 12/13/2021 7:56 AM
If it is an official HOA FB page then you could argue all owners should have the same access. ... snip...

I'd mentioned in a different thread that this is the big problem with allowing homeowners to post on official HOA websites or social media pages.

In order to protect the HOA from liability, the HOA has to control what is published on their sites. This means that the board needs to approve and enforce Terms of Service that will include removing inappropriate posts and even banning users who repeatedly violate the Terms. That's a problem if the site is being used to communicate important information to all homeowners.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here