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JerryJ4 (California)
Posts: 12
Posted:
Our HOA Management has sent out notice to board members that a new ethics rule states that board member's can NOT be on social media, more specifically Nextdoor.
Can a board member be removed or voted off the board for commenting on social media? I'm not talking about anything illegal on social media but just day-to-day discussions, like things happening in the city or even local politics?
KerryL1 (California)
Posts: 14,550
Posted:
Please cite this so-called new "ethics rule," and its source? By that I mean WHO sent this to management? And told mgt. to order directors to stop using NextDoor.

Are you on the Board, Jerry? If so, please read your Bylaws to see how directors can be moved from the Board and by whom. Well, even if not on the Board, read your Bylaws.
KerryL1 (California)
Posts: 14,550
Posted:
'scusi---"removed from the Board..."
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ethic rules are typically internal to the association.

They may not conflict with your CC&Rs, Bylaws or Articles of Incorporation.
They also may not conflict with applicable statutes (laws).

Since corporate law and Bylaws are fairly specific on how Directors may be removed, I doubt a Director could be removed if posting on social media.

CONCERNING SOCIAL MEDIA -

I would strongly urge any member of HOA/COA leadership (Directors, Officers, Committee Members, etc.) to not give an opinion about your Association on social media. The reason is that you are seen as the Association and your personal opinion may be considered by some as association policy. This can lead to unwarranted drama and issues within the membership.
CathyA3 (Ohio)
Posts: 6,299
Posted:
There is nothing wrong with being on social media as long as the director is just reading what's being said. In fact it can be useful to see if there are any issues that they should be aware of.

Posting is a whole 'nother kettle of fish, and that includes liking others' comments.

Any time a board member opens their mouth, their comments can and will be viewed as "the board says". It goes with the territory. This means that a board member has to think about everything that they say within earshot of a homeowner. A policy that makes the board aware of these things is good.

Unfortunately, an ethics policy is only as good as its enforce-ability, and trying to police social media usage is a non-starter. It's too easy to remain anonymous and stir up a whole load of trouble, if one were so inclined.

It would be more useful to have a social media policy for the HOA as a whole - as in "don't use social media as an official communication source for the HOA". But that's a different question.
MarkM19 (Texas)
Posts: 1,459
Posted:
Jerry,
As someone who has been board presidents of 2 HOAs over the last 14+ years which is about how long Next door has been around. I can echo what others are saying here. I personally have no social media presence, and I advise my board members against it for their own sanity. I doubt any HOA will be very successful restricting board members from being on sites.

I always recommend that if a board member feels the need to make comments it should start with a simple message.

I am not speaking on behave of the board. This is my personal opinion, and I am only 20% of the voting power of our board. If you want to know what the board has to say about this topic and it appears on the agenda, please attend the next meeting or contact our PM and they will address your concern's. I also use this when I communicate with owners that send notes directly to our board email address.

All social media has become a place filled with unhappy people who think by typing their thoughts things get done by a few "likes" the other half of the people enjoy poking those people and making them fight. IMO
TerriS6 (California)
Posts: 3,284
Posted:
Such a rule would be illegal in California and would subject the association to court-imposed fines. CA Civil Code Section 4515.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By JerryJ4 on 01/31/2025 6:49 PM
Our HOA Management has sent out notice to board members that a new ethics rule states that board member's can NOT be on social media, more specifically Nextdoor.
Can a board member be removed or voted off the board for commenting on social media? I'm not talking about anything illegal on social media but just day-to-day discussions, like things happening in the city or even local politics?
(bolding added by ElleN)

Under these circumstances by law only the owners can remove a director from a board.

Whoever wrote this particular ethics rule is clueless when it comes to California law, the HOA's bylaws and the covenants. It is the author of this rule (and anyone who supports it) who should be thrown off the board (if the owners wanted).
KerryL1 (California)
Posts: 14,550
Posted:
So, Jerry, WHO did write this so-called "rule?"
MarshallT (New York)
Posts: 414
Posted:
I can see why management would not want the board engaging in posts on Nextdoor, but it would be extreme for them to ask the board not to be active on any social platforms.

I would review your governing documents just to make sure.
TerriS6 (California)
Posts: 3,284
Posted:
It is illegal in CA for an association to limit speech on social media.
MarkM19 (Texas)
Posts: 1,459
Posted:
In my Texas HOA we had a board member who was always very vocal and usually in the minority who once she was off the board became the moderator on the Neighborhood FB page. She happened to get reelected, and the board asked her to turn over the moderator duties because of the conflict with being on the board. She agreed but never did as was requested. Every time she would not get her way with a motion, she would go on FB and make a poll asking that group for opinions based on her slanted post. Our FB site has a high percentage of renters who contribute. This caused unneeded conflicts in our community.

Once she crossed the line and claimed an election done during the first year of covid was crooked and used false data that was very provable. We were able to Censure her and document the issue in our minutes. She has not run for office again yet.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By MarshallT on 02/03/2025 8:39 AM
I can see why management would not want the board engaging in posts on Nextdoor, but it would be extreme for them to ask the board not to be active on any social platforms.

I would review your governing documents just to make sure.

The issue is that board members' words carry extra weight simply because they're on the board. You can't avoid it no matter how many disclaimers you put on your comments. For myself, I limit my commenting to anonymous accounts on sites such as this one. Otherwise I'd have to spend so much time censoring what I say that I couldn't be candid - which kinda defeats the purpose of talking to others.
LoriM15 (Florida)
Posts: 1,009
Posted:
I thought I posted this earlier but the post disappeared or I didn't finish it.

Coincidentally, I received this article about boards and social media this week. This is not our law firm - I have not ties to them.

https://www.floridacondohoalawblog.com/2025/01/29/perils-and-pitfalls-of-social-media-in-community-associations/
MarkM19 (Texas)
Posts: 1,459
Posted:
Lori,
Thanks, for the article. It is pretty obvious to many of us but important as a reminder.

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