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WhonneB1 (Texas)
Posts: 4
Posted:
I created a facebook page for the association years ago when I was board president. I have been on moderator on the FB for several years to assist with admin duties. Fast forward to present we just had a new board installed. The new board has done several things that I do not agree with, much to do with them not following the CC&Rs and not following the state laws that govern the hoas. I have been respectful, but have made public statements on the FB page about the things that they are doing wrong. This board refuses to acknowledge their wrong doings. None of the board members have been ever been on a board before so they are bound to make mistakes. I understand that it takes time for them to learn, but learn but firing the management company and deciding to self manage the association - all outside of an open board meeting. Really a bunch of horrible mis-steps. I added a couple of the board members to the page as admins. I was about to walk away and noticed that they were moderating post, deleting post from members because they didn't like what they were saying. One board member even moderate the ability for a member to post anything on the page because of a personal issue that had noting to do with the facebook page. When I confronted the board member - he told me that he didn't want to talk about it. That said, I renoved the restrictions from the member. Recently I noticed that they completely renoved a member - who is pretty outspoken, again because they didn't like what he was saying. I removed the admin rights from the board members and spent messages to them private messages that we need to have a discussion. When I didn't get a response from them , I sent a message to them. Stil didn't get a response. They then decided to create a new facebook page. Today I get basically as cease letter from ( the board ) them asking me to take down the FB page, because they didn't give me the "permission" to continue to be an admin on the page. The association doesn't have a social media policy or anything recorded regarding the facbeook page. What would you do if you were me? My fear is that the board will continue to "do what they want" and sensor people from speaking against them. Not to mention - they created this "new" facebook page and called it the "official" association page. I attempted to join that page and was denied. Now while I could careless if I was on the facebook page or not, the fact that they denied me access for the "official" facebook page I believe is a violation because as a homeowner I have the right to be on the page. Again, what would you do if you were me? Do I have a legal standing to sue?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The FB is not by the HOA. It is not their page. It is one used by the community. Well if you own it then shut it down. Let HOA create their own. You can create another one if you want but it does not need named the same. Who says it has to be the HOA name?

FB gets HOAs in trouble. Best to keep FB or other social media out of your HOA. Keep it social not the means of communication.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Personally, what you describe about the social media page are perfect examples why I believe an Association should not be on Social Media.

I do think the Association should have an internet presence. However, that presence should be informational - not an open forum.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Our attorneys were pretty adamant about avoiding social media or any other platform where homeowners can post.

The main reason for this is that the association is liable for anything that appears on an official site. This is why websites such as this one that allow users to post have Terms of Service - it's to protect the owners of the site. Some of the Terms of Service can be as long as your arm, and *they must be enforced* to protect the owners from liability. Board members have too much to do without refereeing online discussions. In addition, social media provides a free platform for the troublemakers in the community to spew their nonsense, and they will use it enthusiastically.

Stuff that can appear on social media:

* incorrect information and conspiracy theories
* confidential material that should not have been disclosed
* copyrighted material
* political crap
* insults, false accusations, and defamatory material
* photos of minors posted without parents' permission
* other privacy violations

In short, if you want to promote turmoil, social media is your tool. These sites are often divisive, inaccurate, and do not serve the interests of the association.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TimB4 on 03/13/2024 1:35 AM
Personally, what you describe about the social media page are perfect examples why I believe an Association should not be on Social Media.

I do think the Association should have an internet presence. However, that presence should be informational - not an open forum.

It's also an example of what a board has to do when a homeowner fails to comply with the terms of service. Deny access.

It also illustrates why official HOA sites should not allow homeowners to post. There is a conflict between using the site as an essential communication tool and being able to enforce the terms of service (which is necessary to protect the HOA from liability), including denying access to people who won't comply with the term. They can't do both.

If the current board is smart, they will:

* draft a policy that covers use of online resources and stick to it

* make any online resources informational only

* get off social media altogether

Homeowners who want to fight and gripe can head to one of the other sites that are directed at associations or communities.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Would suggest your HOA creates it's own Webpage than using a social media platform like Facebook. Think there is "Squarespace" that will help develop a website. It will cost money to have a website. However, there would be less drama as do not need to have a comments section. The HOA can post things like the rules, financial reports, meeting notes, and a section for questions/FAQ. This is a better organized option. It provides the information the members should have but without the opinions. Take it to the meeting to discuss the issues.

Agree to take down the FB site and replace it with a REAL website. One that the board can control without unnecessary feedback. Not to say they can't have a section on the website. Just maybe limit it to questions. Plus can have some areas private just for members only. Those items like the financials and meeting notes should not be made public.

Take a breather and back away from the social media... Our HOA is still developer owned. We have our own "neighborhood" FB page. A lot of the owners are new to HOA's. So we get quite a few posts of "lost dogs why can't you keep them inside?" or "Why is this car parked here when no parking/ We want parking on road" posts. The opinions can get out of control. Once we get to owning the HOA, hope to make an official webpage and kick the FB to the curb.

Former HOA President
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our association communicates through the following methods, a monthly newsletter, an association website, emails from the MC, Board minutes and email blasts from the Board.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WhonneB1 on 03/12/2024 8:23 PM
[The new board] then decided to create a new facebook page. Today I get basically as cease letter from ( the board ) them asking me to take down the FB page, because they didn't give me the "permission" to continue to be an admin on the page. The association doesn't have a social media policy or anything recorded regarding the facbeook page.
First, the board can have rules for a web site the HOA maintains. This is the only 'social media policy' allowed. Meaning owners are free to post whatever on other internet sites. Free speech and all.

Quote:
Posted By WhonneB1 on 03/12/2024 8:23 PM
What would you do if you were me? My fear is that the board will continue to "do what they want" and sensor people from speaking against them. Not to mention - they created this "new" facebook page and called it the "official" association page. I attempted to join that page and was denied. Now while I could careless if I was on the facebook page or not, the fact that they denied me access for the "official" facebook page I believe is a violation because as a homeowner I have the right to be on the page. Again, what would you do if you were me? Do I have a legal standing to sue?
This topic comes up a lot here. First, from experience, it is foolish for the HOA to sponsor an interactive site. The risk someone will say something defamatory is too high.

Could you sue and ultimately prevail in a lawsuit? You could sue but I would not bet that you would prevail.

If I were you and I wanted to let people post constructive criticism, I would create a new Facebook site, naming it something that clearly indicates the HOA does not sponsor the site, and the board does not endorse the site's contents. Be careful of people putting up falsehoods, because the HOA could turn around and sue you and the person commenting. Whether the HOA would prevail 'just depends.' Most importantly, remember the enemy is often the "legal process" (hiring a lawyer, litigation, years of turmoil, et cetera) moreso than the HOA.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 03/13/2024 1:35 AM
Personally, what you describe about the social media page are perfect examples why I believe an Association should not be on Social Media.

I do think the Association should have an internet presence. However, that presence should be informational - not an open forum.

I agree.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By MichaelS56 on 03/13/2024 5:20 AM
Our association communicates through the following methods, a monthly newsletter, an association website, emails from the MC, Board minutes and email blasts from the Board.

These are the same communication methods our association uses.

FB or NextDoor groups are a horrible way to communicate. They should never be used officially, and even unofficially you are asking for trouble.

I would delete the FB page ASAP. If the board wants to provide their own forum, let them.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LoriM15 on 03/13/2024 11:27 AM
Posted By MichaelS56 on 03/13/2024 5:20 AM
Our association communicates through the following methods, a monthly newsletter, an association website, emails from the MC, Board minutes and email blasts from the Board.


These are the same communication methods our association uses.

FB or NextDoor groups are a horrible way to communicate. They should never be used officially, and even unofficially you are asking for trouble.

I would delete the FB page ASAP. If the board wants to provide their own forum, let them.

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
Our HOA does as MichaelS's, except the Board doesn't send eblasts--all such information is from eblasts from the PM. We also have two website--one protected & for Owners only, and another that is "public," which has a lot of useful forms & info, e.g., our Rules & regs, that renters also would need.

Our board long ago decided to post our CC&Rs on our public website. Just one reason is that creators & prospectve buyers can learn a lot in advance of making an offer, e.g, how many pets are allowed; ARC restrictions.
LeslieS8
Posts: 11
Posted:
What disturbs me more than the FB page is that this new board is making decisions that can become a liability to the Association. Firing the management company and self-managing is dangerous and exposes the Association to the possibility of a lawsuit. Having a management company reduces the legal ramifications of board decisions. What does the association’s attorney say? Sounds like you need to get a majority of homeowners to band together to challenge the decisions and perhaps even vote out the board. Are there provisions in the governing documents stating that a management company must be under contract to facilitate the business of the Association? Read your governing docs and see what they say about removing board members from office?

Former Property Manager for over 20 years
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That is not true or accurate. We self managed for over 20 years. Never had an MC. It does nothing for lessening lawsuits. People can sue for anything at anytime. Having a MC has no bearing or protection from that.

Former HOA President
BillH10 (Texas)
Posts: 1,217
Posted:
Leslie's point (Are there provisions in the governing documents stating that a management company must be under contract to facilitate the business of the Association?) is well taken.

The governing documents of two of our clients require the Association to contract with a MC and not be self-managed.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm a proponent of hiring professional management. But the wisdom of doing so is very much dependent on the nature of the community and the competence of the manager.

There are some communities that can successfully manage themselves - they have enough people with the time and the skills to do so. Professional managers don't make financial sense in communities below a certain size and with no amenities. And some professional managers are not good, and a few are ... worse than that. It's like any other profession - some are great, others are mediocre, some are real stinkers. The trick is not being overly dazzled by cost savings and doing enough homework to know who you're hiring.

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