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JohnA26 (New Jersey)
Posts: 43
Posted:
Please read below I received another letter from the Attorney representing the HOA threatening me with a $25 per day fine. As you can see the BOT is now disavowing any connection with the Official Resident page. Frankly this is not at all true. The rules and regulations sspecifically states “This group page is solely monitored by the HOA”. In addittion, as recently as November 7, I have a copy of an email from a BOT member directing a video made by a resident regarding their opinon of the presidential election results along with my apolictical reponse (See Below) which was identified as written by a third party (Name deleted here) and copied from another facebook page be removed.
I would appreciate any opnions as to how I should respond.
Among other things, I am considering the following in my response
The Official Resident Page
A- Change its name to the Full Legal name of the community.
B- Include a disclaimer

From the Attorney
“As an initial matter, management notified our office that the Association’s Board of Trustees does not monitor “The Official XXXX Residents” Facebook group page. Rather, a member of the Association’s technology committee monitors this Facebook group page. While the use of the Association’s name on this page is authorized, the page is not endorsed by the Association, nor does the Board of Trustees have any involvement in that page. Management indicated that the Association has never restricted any opinions on this page and that the only role for the monitor is to delete offensive or inappropriate comments.”

Copy of posting removed 11/7/24
Let us all embrace this day! Love one another and pray for our New President Trump, whether you were for him or not. I never discuss political views with anyone except my family & Close friends. But, i will say, hug your family and stop fighting over your different views. My Granddaughter , daughter & I were in a deep conversation the other day, And my Granddaughter couldn't understand why family & friends were fighting because, they disagreed on who they were going to vote for . She said. Nanny, say you like vanilla and I didn't like vanilla, I like chocolate better, wouldn't that be silly if we fought about it! And then she said, maybe all the people can mix the vanilla & Chocolate together and things would be better. It was so innocent and beautiful. We all need to move on and be proud of this country! God Bless America and all who are in office doing what they can to make our Country beautiful and peaceful again.
CathyA3 (Ohio)
Posts: 6,299
Posted:
You should talk to your own lawyer.
TerriS6 (California)
Posts: 3,284
Posted:
Exactly what in your Declaration permits this type of regulation and fine?
ElleN (Idaho)
Posts: 1,333
Posted:
The video that you apparently linked or embedded in the quasi-HOA-sponsored Facebook site is obviously not a-political. Nor do I think your response (accompanying the video link) is a-political. I realize you feel differently. Which says a lot about how you perceive things.

How should you respond?

Do you want to give the board a hard time? Do you like drama? Are you rich (so you can afford an attorney down the road)? Do you enjoy being seen as a troublemaker when there is really no trouble (at least on this issue, IMO)? If so, then write a fiery letter back to the HOA attorney explaining how the tech committee member is an agent of the HOA. Discuss the law of agency. Tell the HOA attorney how wrong he/she is. Cc the board. This will show them. /s

Next up: The HOA starts billing you for the HOA attorney's fees.
TerriS6 (California)
Posts: 3,284
Posted:
I'm confused. Does the attorney now say they made a mistake and you are not accused of any wrongdoing? That they are washing their hands of the issue?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnA26 on 12/29/2024 2:11 AM
Please read below I received another letter from the Attorney representing the HOA threatening me with a $25 per day fine.

Prior to receiving the second letter, did you implement any of the suggestions made from your first thread on this topic?

Did you send your response (identified in the first thread) and this letter is simply how the attorney is replying?

Have you discussed this with your own attorney?

JohnA26 (New Jersey)
Posts: 43
Posted:
The most recent letter from the HOA Attorney is in response to my reply to his first letter.
The Board via the attorney is now claiming that the BOT does not monitor the Official page but gave permission forr the official page to use the name.
The fact is the facebook page was started by the BOT and the original administrator was the Community Service manager.
The Tec committee will be chaired in 2025 by an immediate past BOT member who decided not to run for reelection.
I have not discussed this with an attorney.
The Name used by the Official facebook page is not the legal name of the community.
All signage on the roads leading into the community have the complete legal name
The signage for the golf course prior to a change in ownership contained the name used by offical page
Offical Page name Official XXX residents page with a profile of the HOA Club house.
My page XXX Community News with a the profile of the Golf Clubhouse with their Name
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By JohnA26 on 12/31/2024 7:28 AM
The most recent letter from the HOA Attorney is in response to my reply to his first letter.
The Board via the attorney is now claiming that the BOT does not monitor the Official page but gave permission forr the official page to use the name.
The fact is the facebook page was started by the BOT and the original administrator was the Community Service manager.
The Tec committee will be chaired in 2025 by an immediate past BOT member who decided not to run for reelection.
I have not discussed this with an attorney.
The Name used by the Official facebook page is not the legal name of the community.
All signage on the roads leading into the community have the complete legal name
The signage for the golf course prior to a change in ownership contained the name used by offical page
Offical Page name Official XXX residents page with a profile of the HOA Club house.
My page XXX Community News with a the profile of the Golf Clubhouse with their Name

It sounds like the BOT is trying to wash its hands of the FB page. Would be interesting to read if there are any minutes or resolutions respecting social media, or any authorization to transfer possession of a social media platform to another party besides the BOT. If there are not, it's a non-issue. And where is it printed that there is a $25. fine for doing what, exactly? And was that rule legally adopted? If the BOT disclaims the FB page, on what basis can the BOT hire legal services regarding it?
SheliaH (Indiana)
Posts: 6,964
Posted:
You really need to take heed to what Cathy and ElleN said. You're already getting nastygrams from the association attorney, meaning you should get your own to respond on your behalf. You don't want the next missive to be a court summons - and if that happens, it won't matter what we say. We aren't attorneys anyway, and you still need to decide how far you want to take this and what your end game is. There are other ways to communicate and the board needs to understand you won't be stopped.

Of course, that goes to another point Cathy made in the last conversation - it's one thing to complain, but you might need to roll up your sleeves, rally together your neighbors and vote out or recall this entire crew. Then, the board can consider if this "official residents" page will be monitored by the association or not. If it's not endorsed, why is someone deleting offensive/inappropriate comments? Have you asked them that question? If not, have your attorney do it.

From your last conversation, several of us suggested you put a disclaimer on your website, so I don't know why you didn't do that (at least you didn't say if you did.) I think the board is trying to intiidate you - to wit your post about the election wasn't political at all (and I didn't vote for Dumpt). How can they prove that post got people confused with the association?

By the way, forget what the golf club is calling itself - that may come up in a court hearing, but for now, focus on whats in front of you. If people are getting that confused with the association's website, the official (unofficial?) resident website and yours needs help in reading comprehension (and perhaps a littlemore. But I'd insist they prove their case - if they want to sue, bring it and you can countersue. Let the better side prevail.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Getting nastygrams from HOA lawyer is no reason to hire one yourself when the lawyer can't even define what he claims you did wrong. Lawyers' letters when threatening a member commonly include errors and deceptions.
JohnA26 (New Jersey)
Posts: 43
Posted:
As I stated previously there in no ambiguity with the name.
Both Facebook pages are private for home owners only.
The membership is essentially the same. My Facebook page has been active for over three years.
A major difference between the pages is their page is used daily for inspirational messages and jokes
my page does not permit that.
In the past my page has been used by all members to track the progress of snow removal in the community
something that cannot be done with the other page because it is constantly flooded with useless stuff
which buries any attempt to provide relevant information including information from the Community Manager on behalf of the Board.
Going forward in light of the most recent threatening letter from the BOT attorney I've decided to not respond to the letter
and post everything from me (not other home owners) on their page given the Boards claim they do not monitor the page.
TerriS6 (California)
Posts: 3,284
Posted:
Interesting, and clever.

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