Myspace and the HOA

Started by CharlesH9 • 21 replies • 1416 views

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CharlesH9
Posts: 122

Posted:

I found out at out annual meeting that a myspace page has been set up for the assication with its name and location. On this page are pictures of our annual summer party. There are several adults and children shown with their names used. What do you think of this? I'm always on the side of caution and I'm concerned about this site being public and names being used without consent of the individuals and parents.

SusanW1
Posts: 5,197

Posted:

Hopefully, the pictured persons were aware that their photos and ID were going to be published.

I agree, nix the personal IDs in pix and be sure that permission is asked of anyone getting their picture taken.

Register your concern, but ultimately, it is the board who will have the responsiblity.

BruceF1
Posts: 2,516

Posted:

Quote:

Posted By CharlesH9 on 11/20/2008 6:32 AM
I found out at out annual meeting that a myspace page has been set up for the assication with its name and location. On this page are pictures of our annual summer party. There are several adults and children shown with their names used. What do you think of this? I'm always on the side of caution and I'm concerned about this site being public and names being used without consent of the individuals and parents.

Was the Myspace page put up by the board or by a member of the board? Or, was it put up by an individual acting on his/her own (or maybe somebody's child)?

There could certainly be issues if any of the photos are defamatory. Also, some state privacy laws require individuals and organizations to obtain signed releases in order to publish photos and names publically (and a website posting would be public). There are exceptions, such as for news stories, etc.

MicheleD
Posts: 4,427

Posted:

In cases where pictures are posted in public access areas (this includes paper newsletters) the SMART thing to do would be to have any person pictured sign a waiver or consent form.

This is especially true with kids. This is one area where "grassroots" communication "experts" mean well, but leave out some very crucial (and sadly, necessary) steps.

To be honest, even high school newspaper/new media kids probably know about and use something like this.

Here's a sample if you'd like to pass it along.

Consent to Use Photograph or Personal Image

The undersigned, on behalf of themselves and/or the minor children whose names are
listed below (“Children”), do hereby consent and give permission to XXXXXXXXXXXX for the
use of their personal image, or that of their Children, solely in connection with XXXXXXXXXX
activities. Such personal image may be captured in a photograph or other medium. Use may include
reproduction, publication or other dissemination of the image in newsletters, web pages,
displays or other publications.

By signing below you also grant permission to use you and your children’s name(s) in
connection with the personal image.

Any questions concerning XXXXXXXXXX's policies in relation to the use of personal
images should be addressed to:

XXXXXXXXXX Association
XXXXXXXXX, President
PO Box XXXXXX
Louisville, KY 40222

____________ ____________________________________
Date..........Signature

____________________________________
Print Name

Children’s Names
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

CharlesH9
Posts: 122

Posted:

It was posted by a member of the board. The name of the page is the association name. The only thing on the site are the photos of the party, links to the "official" property management site of the HOA, the email address of the board and a picture of our signage in the front of the subdivision.

BrianB
Posts: 2,787

Posted:

very nice, easy to read column about taking and publishing photo's (there is a legal difference).

http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm

some nice links too, to the photographer's rights card. read this, odds are you will learn something you didn't know before. I did.

HeatherJ1
Posts: 89

Posted:

Good link, Brian. Sounds like you can just about publish pictures of anyone you want anywhere as long as the picture was in a public place. I had NO idea!!!

I still think it may be better for the members of the HOA to vote on if they want their pics on myspace. Legality is one thing... common courtesy is quite another.

MicheleD
Posts: 4,427

Posted:

This really isn't about the photographer's rights, however.

There's a difference in taking photos. . .and publishing them, especially without permission, and especially involving kids.

I would still strongly recommend having parents sign the above consent form (for PUBLISHING the pics on a website) before posting pictures.

CharlesH9
Posts: 122

Posted:

My back yard is a public place??

BrianB
Posts: 2,787

Posted:

Charles, it might be. Remember that the definitions and terms used differ under various laws: your backyard is not "public" property, it is private property. However, if your backyard can be seen easily from an alley, other yards, street, etc., then it is a "public place" for purposes of some laws.

For example, it's private property with regards to trespassing, but "public space" with regards to walking around naked. It can be private property for purposes of taxation, but "public space" with regards to a leash law.

Then, remember that you can blur the distinction even more, if you invite people into your "private place", or open it up to the general public, whether that general public be a group of friends (private gathering of the general public) or anyone who wants to come (open to all members of the general public).

the law is nothing if not malleable.

RobertR1
Posts: 5,115

Posted:

To all,
Since there seems to be great confusion as to what should or can be done, and any correction would be long and expensive, maybe it is time to make lemonade out of lemons.

Great reason to set up association web site and use the technology to your advamtage promoting your complex and providing a site to post pictures, etc. I serious doubt if pictures of your association that happened to have casual picture of members or others in them is going to upset authorities. See this stuff all the time. If names are named, post them on the owners section of the web site. However, if you quote these names and attribute something they said, make sure it was said publically and obtain permission. Seems like a lot of trouble to do such an unproductive action. Who on the internet cares what they have to say anyway. Who cares what we say, and we write a lot? I don't buy that it can not be traced back to us and try and not say anything that can get me in trouble, other than be considered dead wrong at times.

SusannaM
Posts: 353

Posted:

RobertR, hi again....I agree..."much ado about nothing"

CharlesH9
Posts: 122

Posted:

Well I don't consider posting children's names and where they live on a public internet site with out their parents approval to be much ado about nothing, but that's my opinion.

SusannaM
Posts: 353

Posted:

Charles, why don't you contact your photographed neighbors and share your feelings with them ??? That would be a lot more practical, don't you think ?? You seem to have a serious concern but there is not much that posters on this forum can do about your issue.

GordonD1
Posts: 128

Posted:

Hi Charles:

I understand your concern.

I live in a gated community in Newport Beach with 167 single family houses. I also own a townhouse in Huntington Beach in a community with with 285 properties: 65 townhouses (I own one) and the rest are single
family houses. We have the services of a HOA Management company on each one of the communities. We have web sites throughout the management companies. This is a great idea because the association managers makes sure that everything is posted correct on the web. Our newsletter committees (volunteer homeowners) continuously provides the management company new information, pictures, etc for the community web page. The management company's fees for the web services are very affordable. Also the minutes are posted in our web pages. (Each one of these communities have different HOA Management providers). Homeowners through the newsletter are often reminded to provide any good information for the web sites and also for the monthly newsletters. (The management companies constantly receive suggestions from the homeowners).

Web pages services are popular in many HOA communities in California. Having a good management company assisting the board is what is required. Of course it takes a good board and all the community
members to be aware and pay attention.

The homeowner that created the myspace page should stop the page and have the board and the management company review and approve the web information for the community.

GordonD1
Posts: 128

Posted:

SusannaM:

Charles had a good question. I am sure some of the posters could have some suggestions.

Enjoy your day.

SusannaM
Posts: 353

Posted:

Gordon, I agree that the best way to go is for an HOA to have its own web site for registered homeowners, and a webmaster to monitor things. Charles says a board member uploaded the pics but this person may not have had any bad intentions. IMO, Charles would be better off by:

a) approaching the parents
2) writing to his board and property manager (if there is one) and raise his concern/objection in this manner. They may or may not agree with Charles.

SusannaM
Posts: 353

Posted:

Gordon, you too have a good day.

RobertR1
Posts: 5,115

Posted:

Gordon,
From what I read SusannaM said, i think she never downplayed or ridiculed the question or passed judgement on the question. She asked if the OP had a problem with the answers he had received. I take that to mean: "hey, are we missing some of this problem you have. Maybe you should flesh it out a little and be more specific about your concerns." I think he did that when he posted about the children. Personally, I think for the OP to hint that anyone here is so devoid of compassion and understanding that they would deliberately ignore any children involved, is more than a tad over the line.. I think Susanna would agree,, if the OP has any doubts abouts whether children are being exploited, the authorities are the place to go, not HOAtalk.

GordonD1
Posts: 128

Posted:

Robert:

I have not idea what are you talking about. Read my comments correctly.

I am not interested to have a negative exchange with you.

Happy Thanksgiving Holiday.

SusannaM
Posts: 353

Posted:

RobertR, yes I agree with your last post. Thanks.
Gordon, I also thought your words to me where out of place but again we might have read you wrong. That's what happens with emails.

Let's just move on.

GordonD1
Posts: 128

Posted:

Susanna:

Be positive and read my e-mails to Charles and to you in the right way. Again I won't engage in a negative conversation.

Enjoy a Nice Thanksgiving Holiday.

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