HOA Board's Role in Fundraising for Bereaved Community Members

AngelaG8 (Georgia)
Posts: 17

Posted:

As the HOA president of our community, I often send emails to notify residents about the passing of a community member, after obtaining approval from the family. On some occasions, community members have requested that I share GoFundMe information to help the deceased family raise funds. While my instincts guided me to decline such requests, as it seemed ethically ambiguous for the board to get involved in personal fundraising efforts, I realize that I'm uncertain about the legality of such actions that I can even speak to if someone asks me why I declined.
I actually empathize with the desire to financially support grieving families; I would appreciate any insights or information regarding the legality of an HOA board participating in or promoting fundraising activities like GoFundMe campaigns for individual community members. Even though my instincts led me to decline helping, I really don't know if my instincts were correct.
Your input will help clarify our stance and ensure that our actions align with legal and ethical guidelines.

JackieB4 (California)
Posts: 398

Posted:

I feel your compassion BUT recommend you confer with your attorney. This sounds like a thorny cactus.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By AngelaG8 on 01/22/2024 6:55 AM
As the HOA president of our community, I often send emails to notify residents about the passing of a community member, after obtaining approval from the family. On some occasions, community members have requested that I share GoFundMe information to help the deceased family raise funds. While my instincts guided me to decline such requests, as it seemed ethically ambiguous for the board to get involved in personal fundraising efforts, I realize that I'm uncertain about the legality of such actions that I can even speak to if someone asks me why I declined.
I actually empathize with the desire to financially support grieving families; I would appreciate any insights or information regarding the legality of an HOA board participating in or promoting fundraising activities like GoFundMe campaigns for individual community members. Even though my instincts led me to decline helping, I really don't know if my instincts were correct.
Your input will help clarify our stance and ensure that our actions align with legal and ethical guidelines.

As for legal risks, I think these are present. For example, one cannot be sure if any kind of fraud is going on with a gofundme site. Also what happens when someone wants the HOA to send an email because their family has had xyz calamity happen to them, and they too want an announcement that features gofundme site sent to all owners?

If you are acting in your capacity as President, as a matter of law, the board should approve these notifications.

The ethics here are going to be a matter of opinion. As a matter of ethics (as well as legal risks), I advise ceasing sending announcements of deaths.

NA1 (Massachusetts)
Posts: 190

Posted:

It feels like a reasonable thing to do. “If you feel so inclined, donations may be made at …” or just link to an obit that contains the same info. I don’t see a problem with something directly helping a community member.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ElleN on 01/22/2024 7:52 AM

Posted By AngelaG8 on 01/22/2024 6:55 AM
As the HOA president of our community, I often send emails to notify residents about the passing of a community member, after obtaining approval from the family. On some occasions, community members have requested that I share GoFundMe information to help the deceased family raise funds. While my instincts guided me to decline such requests, as it seemed ethically ambiguous for the board to get involved in personal fundraising efforts, I realize that I'm uncertain about the legality of such actions that I can even speak to if someone asks me why I declined.
I actually empathize with the desire to financially support grieving families; I would appreciate any insights or information regarding the legality of an HOA board participating in or promoting fundraising activities like GoFundMe campaigns for individual community members. Even though my instincts led me to decline helping, I really don't know if my instincts were correct.
Your input will help clarify our stance and ensure that our actions align with legal and ethical guidelines.

As for legal risks, I think these are present. For example, one cannot be sure if any kind of fraud is going on with a gofundme site. Also what happens when someone wants the HOA to send an email because their family has had xyz calamity happen to them, and they too want an announcement that features gofundme site sent to all owners?

If you are acting in your capacity as President, as a matter of law, the board should approve these notifications.

The ethics here are going to be a matter of opinion. As a matter of ethics (as well as legal risks), I advise ceasing sending announcements of deaths.

I agree. Not a BOD function.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By AngelaG8 on 01/22/2024 6:55 AM
As the HOA president of our community, I often send emails to notify residents about the passing of a community member, after obtaining approval from the family. On some occasions, community members have requested that I share GoFundMe information to help the deceased family raise funds. While my instincts guided me to decline such requests, as it seemed ethically ambiguous for the board to get involved in personal fundraising efforts, I realize that I'm uncertain about the legality of such actions that I can even speak to if someone asks me why I declined.
I actually empathize with the desire to financially support grieving families; I would appreciate any insights or information regarding the legality of an HOA board participating in or promoting fundraising activities like GoFundMe campaigns for individual community members. Even though my instincts led me to decline helping, I really don't know if my instincts were correct.
Your input will help clarify our stance and ensure that our actions align with legal and ethical guidelines.

People mean well, but there are privacy issues in play with the death of a person - sometimes those privacy issues don’t align with the predominate religious beliefs or expectations of a community.

As the deceased, did I want everyone in the community to know I was struggling and I didn’t have enough money for my estate to pay for a funeral.

If my final wishes were I didn’t want a death announcement or obituary, why are announcing to people I am dead? I could have made that arrangement if I wanted it.

If my loved one dies and my way of handling grief is privacy, prayer and personal reflection, do I need people I really don’t know contacting me and extending their condolences?

If my love one dies and I decide not to have a ceremony, do I need people requesting information and then judging me for not having one?

As the executor of the estate, do I want you to effectively announce to everyone the house may no longer be occupied?

ElleN (Idaho)
Posts: 4,420

Posted:

I agree with DeanJ that another legal risk is taking instruction, re gofundme sites, from someone other than the estate's executor.

DeanJ
Posts: 1,786

Posted:

And I am going to add one more.

Some banks will freeze accounts when they learn of the death of a depositor. If their neighbor works at the bank, you may have just lockup funds their spouse needs access to.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By DeanJ on 01/22/2024 9:28 AM
Some banks will freeze accounts when they learn of the death of a depositor. If their neighbor works at the bank, you may have just lockup funds their spouse needs access to.

Good one. Sounds like you too have served as executor or at least, with your spouse, have anticipated these things.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ElleN on 01/22/2024 9:30 AM

Posted By DeanJ on 01/22/2024 9:28 AM
Some banks will freeze accounts when they learn of the death of a depositor. If their neighbor works at the bank, you may have just lockup funds their spouse needs access to.

Good one. Sounds like you too have served as executor or at least, with your spouse, have anticipated these things.

Yep, it really sucks when you are the executor and your signature is on a safe deposit box that you can’t get an estate documents out of because the bank froze everything.

AngelaG8 (Georgia)
Posts: 17

Posted:

Thank you to everyone. This was very helpful and confirms that I have been on the right path. I will continue to announce the passing of people in our community. I only announce with the permission of the family. I will not share any gofundme or fundraising efforts. I spoke with our management company and they suggested I stay the course and steer away from assisting with personal fundraising efforts. Thank you again!

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By AngelaG8 on 01/22/2024 10:10 AM
This was very helpful and confirms that I have been on the right path.

I think you meant "righteous," not "right."

AngelaG8 (Georgia)
Posts: 17

Posted:

I actually meant "right path". Thank you.

ElleN (Idaho)
Posts: 4,420

Posted:

Actually what you meant was that the majority of the posts here confirmed that the HOA should not be sending out solicitations for gofundme sites (allegedly helping a family with burial and funeral expenses).

The majority of the posts here also confirmed that the board should not be sending out notices of deaths, period. This is not your position, and this is fine.

SheliaH (Indiana)
Posts: 6,964

Posted:

I appreciate your compassion, but I agree this isn't an association issue. The people who want to set up a GofundMe page can do that without the board.

If there's some sort of community bulletin board on your association website, they could publish it that way. The bulletin board should already have a regular disclaimer saying posting anything doesn't mean the board endorses whatever being posted, the association reserves the tight to remove inappropriate content, etc.

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

KerryL1 (California)
Posts: 14,550

Posted:

Angela makes it clear that she only announces with the family's permission, so there is no privacy issue involved. But she should get board approval with its vote to make these announcements.

I think a special email solely on this topic goes too far. I really believe email blasts to owners should only be about HOA business. An announcement posted on a community bulletin board or in an HOA newsletter seems more appropriate to me.

Agree with others that NO fundraising or donation solicitation should be included.

But I prefer Jackie's comment. Check with your HOA attorney, Angela. None of us are attorneys, and it's hard to imagine there's any "ethical" issue given family permission and perhaps family gratitude & appreciation (as in a couple of cases in my HOA)

AngelaG8 (Georgia)
Posts: 17

Posted:

THank you so much. Very helpful.

AngelaG8 (Georgia)
Posts: 17

Posted:

THank you so much. Very helpful.

AngelaG8 (Georgia)
Posts: 17

Posted:

THank you so much. Very helpful. You really understood my issue.