Moderating fb posts that claim illegal drinking & driving

Started by MarkR21 • 8 replies • 276 views

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MarkR21 (North Carolina)
Posts: 710

Posted:

I was just appointed president to our single-family home hoa which has a lot of good people in it

on our Facebook group which is admin by board members
one home owner just accused another of drinking and driving almost every day with pictures of beer bottles etc. I’m not sure how to handle this every time the police are called the guy has already driven away I’m thinking someone needs to record him in the act since he could kill some kid.
Someone else has already agreed with the situation by posting under their original post

Another board member just asked me if We should delete the post

PatJ1 (North Carolina)
Posts: 568

Posted:

I would delete the post. I would say that although it's a serious issue, publicly shaming someone is not acceptable. This is a police issue.

Curious to see what others say.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I agree with PatJ. This is a police matter. Have people call the police if they see this happening. DUI is something a HOA can't charge anyone with or prove. Delete the post but post one encouraging others to report suspicious activity to the police.

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

Ditto to you both!

I might also remind people of any posting rules you have regarding public shaming, bad language, making threats, etc. A warning letter to the poster may help, especially finally if you say continued behavior will result in him/her being dropped from the page.

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

AugustinD
Posts: 3,698

Posted:

Concur with those good folks above. I am concerned that the HOA may be facilitating defamation and so holding itself out to liability.

Folks with concerns about safety much of the time should call the police and not the HOA.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with all and add to Augustin: since the Board administers the fb site, perhaps individual board members may be liable for defamation.

(not clear if the Board administers the site or if it's certain directors.)

JanineR (Tennessee)
Posts: 259

Posted:

Agree too with all the above.
Since this is administrated by the board, there is also a place to pin a simple set of rules at the top of the facebook group

*no profanity
*if there is an issue with an owner the comment will be removed, instead please do x,y,z
*non-emergency issues call 555-555-5555
*and so on, depending on your community

CathyA3 (Ohio)
Posts: 6,299

Posted:

Agree with other posters. (FWIW, our lawyer strongly recommended that any HOA/COA website be informational only.)

You should create and display prominently a "Terms of Service" agreement, which should be enforced. The purpose is to maintain civil discourse and to protect your association from legal liability arising from use of this Facebook page.

Yes, you should delete posts that violate the Terms (unless you *want* to get sued for some reason) and may even need to remove access for those who repeatedly violate the Terms.

More info:

The Modern Age of Social Media from a lawyer's blog

HOA Social Media Policy from a property management company

Sample Terms of Service Agreement for a community website (not Facebook)

CathyA3 (Ohio)
Posts: 6,299

Posted:

Oh, and talk to your insurance agent. If you insist on allowing homeowners to post, you need to make sure you're carrying adequate insurance when the inevitable happens.

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