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ConchoP (Texas)
Posts: 208
Posted:
Is there any way to stop homeowners from posting the HOA financials on social media?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Ha ha ha ... Sorry but that cat out of the bag of dirt at this point. I look at it as someone is extremely stupid and does understand how HOAs work or no one cares as that person looks kind of stupid for doing it ...

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Unfortunately you can't stop people from posting.

However... you can make it less likely to happen by having a community website where the board makes all of this information available to the owners. Not much point in sharing information that is already freely available. In some states such as Florida, condos (?) over a certain size are required to have a community website.

You may also want to put something like a watermark on the pages of the financials and distribute/post scanned copies of the pdf so that it's difficult for anyone to edit the pages (probably a good idea in any case since you don't want anyone altering the data).
TimB4 (Tennessee)
Posts: 21,062
Posted:
The question to ask is why are they being posted.

If they are posting so other members can know, then I expect that the Board isn't posting the financials on their own website or private social media.
If the board starts doing this, then the posting by members may stop.

TerriS6 (California)
Posts: 3,284
Posted:
What kind of social media? What is the objection?
ConchoP (Texas)
Posts: 208
Posted:
We do post them on our website in pdf format.
There is a homeowner that constantly attacks the board on social media,anf others usual join in. We usually pay no attention and let it go as the soical media post is not a board account, so we try to stay off as much as possible.I'm just thinking ahead...I think I'll watermark the pdf with website use only something.

TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By ConchoP on 08/19/2023 2:25 PM
We do post them on our website in pdf format.
There is a homeowner that constantly attacks the board on social media,anf others usual join in. We usually pay no attention and let it go as the soical media post is not a board account, so we try to stay off as much as possible.I'm just thinking ahead...I think I'll watermark the pdf with website use only something.


Thank you, Concho. I know all the lawyers say to the board - avoid social media like the plague. But you can't just ignore the concerns of members. If you think any of the complaints are actually founded in fact, would it be possible for the board to issue a thoughtful response as a body so the membership knows you are aware of issues and have dealt with them? If you are certain the complaints are 100% unfounded, you might consider what information can legally be prevented. In CA it is now illegal to forbid by gov docs postings critical of the board but that doesn't mean confidential info can be posted.
BillH10 (Texas)
Posts: 1,217
Posted:
Concho

My recommendation is you simply ignore the social media posts and the person making them.

You can watermark the financial reports all you wish, doing so will not stop anyone from using them if they wish the fan the flames of discontent.

Financial reports in Texas are essentially public documents, if someone asks a question, answer it and move on.
KerryL1 (California)
Posts: 14,550
Posted:
Terri: Wi;;you clarify? " In CA it is now illegal to forbid by gov docs postings critical of the board but that doesn't mean confidential info can be posted."

I agree with BillH, Concho. Owners with complaints or issues should write to the board via the PMC if available and ask for a board discussion at an open meeting about topics of concern.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 08/19/2023 3:34 PM
Terri: Wi;;you clarify? " In CA it is now illegal to forbid by gov docs postings critical of the board but that doesn't mean confidential info can be posted."

I agree with BillH, Concho. Owners with complaints or issues should write to the board via the PMC if available and ask for a board discussion at an open meeting about topics of concern.

I agree with you too but what is a member to do when the board ignores things? Not saying that Concho's board does.
cA law effective 1/1/23 forbids anything in gov docs that limits what members can say online even if critical of the board. Fine is $500. per incident.
And it's illegal for the board to post personal info of member anywhere without member permission; name, address, email, phone.

My concern is board not listening to a member simply because the member is critical. The criticism could be valuable, as mine have been, where it makes the association better. I think sometimes a board doesn;t want to look weak in fromt of their friends so they stubbornly pursue a course that's a mistake. Again, not saying Concho's board is like this.
TerriS6 (California)
Posts: 3,284
Posted:
I suppose lawyers advise boards never to respond to a member unofficially.
It's a problem for plain old neighbors such as myself who viewed the board members as my neighbors.
When I have tried to address issues with the board at open time or by letter, no response at all.
Don't pretend to be my neighbor if you will not communicate with me even formally,
I'm thinking now that most of the problems in HOAs are not resolved because lawyers advise board members not to communicate. This is wrong. This is anti-neighbor, and this is expensive.
ConchoP (Texas)
Posts: 208
Posted:
The board does not run this social media site, and we do read and listen to what homeowners posts and address items in the meeting; they just don't come to meetings or read minutes. They don't email the board to ask questions; we have told them in posts and emails where to find financials. AT some point, it would seem it would fall on the homeowner. It's sad that they can post misconceptions on social media, and we must wait for a meeting to address it.

oh well, that is how it is.
LetA (Nevada)
Posts: 2,679
Posted:
My biggest hangup are all the keyboard warriors that take to ND and bitch, moan and groan about this is broke, the landscapers did or did't
do that, security patrol is sleeping, eating or playing on their phone. It is just as easy to shoot an email to the PMC instead of being a D word for
Richard and complaining like s schoolyard sissy on ND. These same people never show up to meeting and when they post to ND they don't post
to the community only they post so 500 other communities see and the whole peanut gallery chimes in with their mindless droll. phooey
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By ConchoP on 08/19/2023 5:43 PM
The board does not run this social media site, and we do read and listen to what homeowners posts and address items in the meeting; they just don't come to meetings or read minutes. They don't email the board to ask questions; we have told them in posts and emails where to find financials. AT some point, it would seem it would fall on the homeowner. It's sad that they can post misconceptions on social media, and we must wait for a meeting to address it.

oh well, that is how it is.

Vocational dissidents in a nutshell. Social media is their playground. Every community has a few of them, you're not alone.

You have to understand what drives them. It's not participating or making the community better, regardless of what they say. Their goal is to stir up conflict and controversy, and they get an emotional charge when others get upset. It sounds like the board is doing the right thing by not responding; otherwise you're playing their game, and they're better at it than you are. All communications with them should be through official channels with scripted responses - brief, bland, boring. Take all of the emotional energy out of these communications. Absolutely no one-on-one discussions with any of them beyond "hi, how are you?" - it's way too easy to be pulled off message when you respond in the moment, and you're words will be misused against you.

To repeat: you can't win their game against them, you only win by not playing. But that doesn't mean you shouldn't keep an eye on what's being said, and you don't have to wait for a meeting to address misinformation.

Your goal is to allow the complainers to discredit themselves by being transparent and making correct information freely available on your community's official website and through other avenues. Maybe increase the amount of official communication. If you know some homeowners won't go get the information, provide it to them without their needing to ask. If the complainers post some misinformation on social media, you can address it indirectly in a newsletter "Did You Know?" article without calling them out specifically. Financials can be especially confusing for people, so there's plenty of opportunity for short articles that each explain a single aspect of HOA finances. Stick with it, and over time most of the community will stop listening to the complainers who will be stuck ranting at themselves.

Come to think of it. a series of short articles on HOA finance topics is a good idea. I should write some...

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ConchoP on 08/19/2023 5:43 PM
The board does not run this social media site, and we do read and listen to what homeowners posts and address items in the meeting; they just don't come to meetings or read minutes. They don't email the board to ask questions; we have told them in posts and emails where to find financials. AT some point, it would seem it would fall on the homeowner.
I agree at some point becoming educated falls on the homeowner. On the other hand, I think most are not capable of understanding, among other things: reserves; the legal reasoning behind a board's decision to do xyz; that the board consists of volunteers and is not like the board of directors of say Pepsi Company; much of the wording in covenants; what a covenant is; and more.

I disagree with anyone saying that these folks get a charge out of complaining. Instead I think what is happening is that people do not understand the legal structure of HOAs. They do not know that a "covenant" is a contractual term. They do not know that officers and directors are not the same thing. They do not know why their association is a corporation. They do not know that it is a municipalities and state government that have made HOAs a force with which to be reckoned. People who post to social media, constantly complaining, typically go with a 'plain and simple meaning' of what is in front of them. For example, they see $425,000 sitting in a (reserve) bank account and do not understand how their assessment could be going up again.

It takes a lot of study, and spread out over a few years, to understand these realities of HOA life.

Quote:
Posted By ConchoP on 08/19/2023 5:43 PM
It's sad that they can post misconceptions on social media, and we must wait for a meeting to address it.
I believe it cuts both ways. Boards post misinformation all the time.

I would bet a majority of directors nationwide think they can do whatever they want, including invent amendments to the covenants without an owners' vote, because they are the board.
Quote:
Posted By ConchoP on 08/19/2023 5:43 PM
oh well, that is how it is.
Yes. I opine: Learning how to ignore people who are spouting neither constructive criticism nor thoughtful questions, and being comfortable in doing so, is a skill worth developing (and no I have not mastered it). Also learning how to respond with just the facts to someone stating misinformation, and doing so with great hostility and anger, is another excellent skill.

Do not ever sweat someone posting financials of a HOA. Be happy they have maybe taken a first step to understanding the complexity of budgeting?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By ElleN on 08/20/2023 5:35 AM
Posted By ConchoP on 08/19/2023 5:43 PM
The board does not run this social media site, and we do read and listen to what homeowners posts and address items in the meeting; they just don't come to meetings or read minutes. They don't email the board to ask questions; we have told them in posts and emails where to find financials. AT some point, it would seem it would fall on the homeowner.


I agree at some point becoming educated falls on the homeowner. On the other hand, I think most are not capable of understanding, among other things: reserves; the legal reasoning behind a board's decision to do xyz; that the board consists of volunteers and is not like the board of directors of say Pepsi Company; much of the wording in covenants; what a covenant is; and more.

I disagree with anyone saying that these folks get a charge out of complaining. Instead I think what is happening is that people do not understand the legal structure of HOAs. They do not know that a "covenant" is a contractual term. They do not know that officers and directors are not the same thing. They do not know why their association is a corporation. They do not know that it is a municipalities and state government that have made HOAs a force with which to be reckoned. People who post to social media, constantly complaining, typically go with a 'plain and simple meaning' of what is in front of them. For example, they see $425,000 sitting in a (reserve) bank account and do not understand how their assessment could be going up again.

It takes a lot of study, and spread out over a few years, to understand these realities of HOA life.


I would agree with ElleN's take on things if this group were making an effort to learn through the normal channels where they can get good information, which also includes many sites that educate people about HOAs in general. But it sounds like they're choosing instead to post on a site that's a well known echo chamber of conflict and misinformation. Which suggests something other than a good-faith effort to learn.

There is an easy way to figure out which of these options is correct. Are the social media postings mostly hefty doses of criticism and accusations against the board? Or are they mostly educational/informative in nature? How much venom is there, or are the postings mostly matter-of-fact?

Or the board can hire someone to provide education to the membership - will these folks participate, or will they ignore it in favor of social media? Do they want to learn, or do they want their biases and ignorance reinforced?

Vocational dissidents have some pretty obvious tells.
TerriS6 (California)
Posts: 3,284
Posted:
Then there is board criticism because the board refuses to educate itself.
ElleN (Idaho)
Posts: 4,420
Posted:
In my opinion many of the critics who take to social media are not trying to learn. They do not understand why such-and-such is happening, when in their minds the 'plain meaning' of a situation clearly should dictate that something else should be happening. They are frustrated. They get a kick; a charge; or a positive brain chemical stimulus from venting and possibly getting people to agree with them. I think this is different from getting a kick from stirring up dissent just for the sake of stirring up dissent.

Studies show that even an evil dictator will always have something like 30% of the population supporting him. In HOA land, I think this translates to the inevitably of there always being a meaningful number that loathe the board. Those who serve as HOA directors should try to accept that even if the board does everything as well as possible, a certain faction will make no effort to become educated. This faction will always dislike the board.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I should clarify my original statement. I was using my cell phone at the time. Have found people who release their HOA business are passive aggressive people. They want to hold the HOA emotionally hostage. They are basically "hostage takers" in my book. Don't give them the "power" they seek. Again, I would educate them in such a way that they realize what they are doing is stupid. It holds no weight or bearing on the HOA's decision making. It makes them look foolish.

It's basically "selling secrets of the HOA" that just hurts themselves more. Remind them they are a member of this HOA. How would you feel if everyone knew their personal business online? Well HOA financials are the HOA's business that doesn't need to be shared outside of the HOA. Plus it doesn't make you look like a "hero" for doing this. It makes you look like a "chump" with an axe to grind. No one wants that. If they do, then they can talk with each other. Otherwise, people with something to do will ignore them.

Former HOA President
LizD3 (California)
Posts: 200
Posted:
Quote:
Posted By ConchoP on 08/19/2023 11:29 AM
Is there any way to stop homeowners from posting the HOA financials on social media?

Two thoughts:
1. Instead of providing financials online to all owners, keep them for the Board, only. Then, whenever the owner requests to see them, make them available on paper, in the HOA office (or home of the Treasurer), for viewing whenever they like – no photos of the document allowed (please leave your phone outside); nothing to post online.
2. Or (if you want to email), you can save .PDF documents so they can’t be copied or printed or transmitted. That might solve your problem, too. (Perhaps a tech person can chime in and advise.)

Surely the Board has a duty of confidentiality. And is, therefore, responsible for maintaining the confidentiality of Association documentation.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Liz,

Typically statutes allow for the copying or photography of documents.

LizD3 (California)
Posts: 200
Posted:
Quote:
Posted By TimB4 on 08/20/2023 3:33 PM
Liz,

Typically statutes allow for the copying or photography of documents.


In that case, then creating an encrypted .PDF to email the owner should help. Of course, the owner could take a photo of it on their screen (not the clearest visual), or they can recreate the information (time-consuming) - but this might discourage online posting.
LetA (Nevada)
Posts: 2,679
Posted:
Community financials are not copyrighted materials, FWIW anyone interested in purchasing a property in an HOA can request the communities
financial documents. Publishing them is sophomoric, I personally wouldn't waste my time, but to each his own.
LizD3 (California)
Posts: 200
Posted:
Quote:
Posted By LetA on 08/20/2023 6:21 PM
Community financials are not copyrighted materials, FWIW anyone interested in purchasing a property in an HOA can request the communities
financial documents. Publishing them is sophomoric, I personally wouldn't waste my time, but to each his own.

Actually, that is not true. If the author(s) has not signed away the rights, then they automatically own the copyright.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By LizD3 on 08/20/2023 7:11 PM
Posted By LetA on 08/20/2023 6:21 PM
Community financials are not copyrighted materials, FWIW anyone interested in purchasing a property in an HOA can request the communities
financial documents. Publishing them is sophomoric, I personally wouldn't waste my time, but to each his own.

Actually, that is not true. If the author(s) has not signed away the rights, then they automatically own the copyright.

I'm sorry. The financial statement, once turned over to the board, becomes a record of the Association.

Members are allowed to view and make copies (at their expense) of those records (with very limited exceptions).
This is often addressed within property statutes but always within corporate statutes.

In TX (non-profit corporation act):

Sec. 22.351. MEMBER'S RIGHT TO INSPECT BOOKS AND RECORDS. A member of a corporation, on written demand stating the purpose of the demand, is entitled to examine and copy at the member's expense, in person or by agent, accountant, or attorney, at any reasonable time and for a proper purpose, the books and records of the corporation relevant to that purpose.
TerriS6 (California)
Posts: 3,284
Posted:
Key words: "for a proper purpose." There's a reason non-members are not entitled to attend meetings. I don't see why a non-member would be interested in the financials.
JeanneH3 (North Carolina)
Posts: 158
Posted:
Quote:
Posted By LizD3 on 08/20/2023 7:11 PM
Posted By LetA on 08/20/2023 6:21 PM
Community financials are not copyrighted materials, FWIW anyone interested in purchasing a property in an HOA can request the communities
financial documents. Publishing them is sophomoric, I personally wouldn't waste my time, but to each his own.

Actually, that is not true. If the author(s) has not signed away the rights, then they automatically own the copyright.

While copyright IS automatic and you do have rights just by creating content, REGISTRATION is not automatic. While there is a presumption that this is your work even without notice or registration, you cannot seek a claim for copyright infringement unless it is registered.

I do own several copyright registered works and I have legally defended them successfully.
LizD3 (California)
Posts: 200
Posted:
Of course you can seek a claim for copyright infringement even if your work is not registered. Copyright is dependent on authorship, not on registration.
JeanneH3 (North Carolina)
Posts: 158
Posted:
Quote:
Posted By LizD3 on 09/01/2023 2:43 PM
Of course you can seek a claim for copyright infringement even if your work is not registered. Copyright is dependent on authorship, not on registration.

"Without a registered copyright, you can't file suit for copyright infringement. That means if somebody infringes on your work and isn't willing to correct the situation to your satisfaction when you complain, you'll have to register the copyright before you show up on their radar as an actual threat." Attorney Aaron Hall https://aaronhall.com/why-you-must-register-a-copyright/

"Registration is required to file a copyright infringement lawsuit. In order to sue for copyright infringement, the copyright must be registered. Except for a few narrow exceptions, registration with the U.S. Copyright Office is a prerequisite to filing a lawsuit for infringement of a U.S. work. See 17 U.S.C. § 411(a) (“no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made”)." https://www.jdsupra.com/legalnews/seven-benefits-of-copyright-registration-83951/

If you cannot file a lawsuit for copyright infringement because you haven't registered your work, you are not eligible for an award of statutory damages and attorneys’ fees in a copyright infringement case. You can "seek a claim" all you want but if not registered, you have no legal power to prove or enforce your copyright. Your "seeking" is a waste of time and money.
LizD3 (California)
Posts: 200
Posted:
The Board probably generates far more documents annually than it is necessary or affordable or practical for them to register. So what is the value of them owning copyright if they can’t defend it?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By ConchoP on 08/19/2023 11:29 AM
Is there any way to stop homeowners from posting the HOA financials on social media?

How far are you willing to go? I know a guy......

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