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EliseH (Colorado)
Posts: 4
Posted:
We have a covenant controlled community but no HOA. We do have an ARC, who is supposed to protect the covenants. Dues are voluntary. They have decided to create a community website where they will post all their minutes, discussions, violation discussions, and have an open forum where anyone can post anything.

Here is my concern:

What if someone decides to post personal information on another homeowner, such as their names, their 'issue' with them, potential slander, etc. Once a name goes online, it's hard to get back, and I'm concerned about liability issues. (my husband is a member of the ARC) If I were a homeowner who was 'outed' on a community ARC run website and my name was published publicly, even if it wasn't technically by a committee member, I'd want to sue the web site who is facilitating it. In addition, is it even legal to publicly post the names of neighbors with potential violations for all to view? It just seems like a privacy violation and again could open the ARC up to lawsuits. In my last HOA community, they did not have their discussions 'public', and neighbors were not allowed to hear the discussions concerning others in the community. I understand wanting to be transparent, but this seems illegal?

Can anyone offer any feedback on my concern?

Thanks,
TimB4 (Tennessee)
Posts: 21,047
Posted:
Elsie,

Thats what the terms of service agreement is for. Take a look at HOATalks and you will see how they handle it.

EliseH (Colorado)
Posts: 4
Posted:
Yes, I read their TOS, but that really doesn't address my concern entirely because the ARC itself wants to discuss all their minutes and items on their website - including VIOLATORS, NAMES, etc. They want to be public with this. I have never heard of a board discussing 'so and so's laundry line' in a public sphere. HOATalk doesn't discuss real people in their posts, and they prohibit others from using names. This ARC, wants to be completely public. I do not think this is legal... I need advice. Thanks.
JeanneK3 (Maryland)
Posts: 562
Posted:
Have a password protected page on your web site which is moderated. Of course have all the disclaimers and rules for posting that HOATalk has but make sure someone reads the entry before it goes up.
Jeanne
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had a practice of only referencing owner's by their lot numbers. This way it wasn't directed personally to anybody. It didn't take a genius to figure out who we may be talking about. However, it may take a bit of effort and research in finding out. It's NOT a perfect system but it does help in the area of keeping privacy. This may help as much as it can do in situations like these. It's hard to talk about your neighbor when your neighbor lives next door...

Former HOA President
BrianB (California)
Posts: 2,820
Posted:
password protect so that only members of the association can view.

that keeps the public out, and only those with a financial stake in the business can see.
TimB4 (Tennessee)
Posts: 21,047
Posted:
I support posting of minutes.
I would not support the discussion of those minutes by any committee or Board member outside of a meeting.

The decision to release names and violations are typically within your State Statutes and/or Governing documents. The language I've seen all use the word "may". This leaves the decision up to the Board.

Have you made your Board aware of your concerns?

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