A few members are trashing the Board on a Whats App Group

If this group isn't officially sponsored by the association, it isnt a HOA issue. It's possible most people haven't seen it and it will blow over. If thjs group starts misrepresenting the board's position, acdress it tnrough official channels and make it clear this group doesn’t represent the board.

If things get p personal, individual board members can't address that eith whomever is foaming at the mouth, but even then, taking action would be appropriate if it's running into libel or slander territory.

Sounds like you just passed the increase. I would let things cool a bit before I reacted with enacting rules. I would use the HOA’s official means of communication to educate why the increase was required and the negative long term effects of passing inadequate budgets.

In CA, boards can't increase assessments (without a member vote) unless it sends a budge report between 30-90 days prior to the due date which is very detailed. Also, it can't charge more than it actually needs to cover costs plus reserves. But some boards don't involve members in the development of the budget which is a mistake - not that Susan's board did this.

The problem with this is that there are always unplanned expenses. When this happens, the board has to make compromises (see my Condo Math attachment in a previous post). If the board is limited to planned expenditures and reserve contributions only, the smart thing to do will be to overestimate those planned expenditures or add some discretionary spending so that they can deal with an unexpected roof leak.

Numbers don't lie. It's humans who lie to themselves about how numbers work and then are outraged when the numbers don't go along with the nonsense. It's frustrating beyond belief.

There isn't much that can be done if it's an informal group unless something is bad enough to become a legal issue. As others have suggested, the board shouldn't respond to this group.

2025 is going to bean expensive year for a lot of associations, and the members of this group should keep in mind that board members have to pay monthly dues, too.

As far as trash talking homeowners go, the best thing a board can to is be transparent. Give the membership accurate, easily accessible information, especially with the financial stuff since that tends to get most people's attention. Lean toward more information rather than less - you never know what somebody's pet peeve is.

You're essentially making liars out of the trash talkers(*), in full view of everyone but without actually calling them names.

* They're actually making liars out of themselves, but I believe in taking victory laps when they present themselves.

California protects speech on social media even when critical of the board. HOA not allowed to make rules against it.

Thank you Terri, now I know why it's not included in CCRs in CA! So I'm thinking what is going on the the What's App group needs to be addressed by the Board/WA Group member on a personal level, but will check in with our Attorney before taking that thought much further. Sue

Our lawyers strongly recommended against using social media as a platform for official HOA/COA communications. This is because the association is liable for anything that appears on its platforms, and social media tends to collect problematic stuff: copyright violations, false accusations, dicey photos, racist talk, etc. Social media *encourages* bad behavior, and is not an appropriate vehicle for association communications.

So if your HOA is using Whats App, I recommend shutting it down and coming up with a different method of communication. If the group is not official, then leave them to it. Board members who are in the group should not participate at all, although I understand wanting to monitor what people are saying so that you know where your official communications need to be beefed up. If you're concerned some of the Whats App chatter crosses the line into defamatory or actionable speech, check with the association lawyer. But defamation claims are very hard to prove, showing actual damages is even harder. Lawsuits are costly and spread the rumors even further (see the Streisand Effect). Individual board members can certainly take action on their own behalf, especially if the defamatory language involves things such as accusations of criminal acts, since that's defamation per se and damages are assumed.

I would ignore it and certainly not reply.

If asked, remind neighbors that what is said via WhatsApp has no bearing on board business and may actually result in lost credibility for neighbors who may wish to engage w/ the board (even if to lodge criticism).

Join the circus...be viewed as a clown.