What Would You Do?

I am the President of a 75 sfh community. We have one homeowner that has not paid their 2006 dues and are racking up legal fees over $3k with the possibility of losing their home. I just came on the board in Oct. I had no idea that the legal issue would lead to something so hefty.

Anyway, I was trying to save money by doing a bit of research myself on this homeowner. (I'm a previous paralegal) I tried all the sites, including, myspace.com. Nothing came up on this homeowner. So at that point, since I was still working on community issues, I typed in our PM's name. Her space/blog came up. I was actually surprised to see one. Anyway, her site was open to the public and I read it. I found a side of her to be very insight. Her blog was filled with typical teenage/twenty-something stuff (drinking, partying, s*x, and some work-related issues, etc.) So I emailed the remainder two board members of her space/blog for reading and their thoughts back on it.

Unfortunatley, I goofed big time, and accidently put her in the mailing list of my email. I apologized to her for including her in the email and said that it was an accident. The other two board didn't get to see has she had immediatley put her site to "private"

FYI in her reply "T***" was the past president.

Long story short, Here is our PM's reply back to me. I am curious what you would do?

PM reply:
Interesting what you do with your free time… Per your follow up email, I do take this personally as it’s TOTALLY none of your business what I do in my personal life, thankfully I got one! When T*** requested to be added to my “friends” list, I denied the request as my professional life is very much separate from my personal life. If you are so curious to look at my pictures and read up what I do outside of work and then forward it to other Board members, then I really think you need to find yourself another hobby, as this is completely inappropriate.

I’ve done nothing but bent backwards for Rockport ever since I took over managing this Association. If you want to keep digging and looking for dirt on me or CDC, go for it. However, you’ve certainly lost any respect I had for you and I had A LOT.

Cathy,
Susan said it right. That was unprofessional on your part. If she did naughties in her spare time, you may not like it but you almost used Blackmail techniques. I would appologize to her and hope that she doesn't lose her job because someone wants to get low down and get her fired because of it. Then she will be able to get you, and because of slander or defamation.
This is another example of internet abuse. P.S. How dumb is she to be posting that?

Everyone knows these kids nowadays (including the 20-something crowd) put EVERYTHING on the web. Nothing is private anymore. Everything is "in your face."

I hope she learns from this experience.

However, my bigger objection was from the president's email. . . "So I emailed the remainder two board members of her space/blog for reading and their thoughts back on it."

Cathy, as the website is public domain, I doubt that any privacy issues, or cause of action as a result would apply. Undoubtedly, sending the site to the other board-members was inappropriate and immature. It was like "look at what I found..." and had nothing to do with the PM's performance as related to your community. Unsure if you would be liable for any actions if the PM is fired, or removed from your community, as the site is public - and I doubt that there are any "decency" clauses in any PM or MC contracts (think branding, code of conduct, or otherwise contract clauses for those who represent a larger entity). I believe that you owe the PM an apology, but that is about it.

BTW, as Harold mentioned, how did you get from point "A" to some where way across the globe, and now that you are there, doesn't the original problem still exist?

I have to agree with GeraldT.

I would not apologize to the PM, in fact, I find her email to you quite brazen and an attempt at intimidation, not to mention childish.

She is under some delusion if she thinks that a personal webspace that is found as easy as googling one's name would not be considered open records to anyone, including one's clients.

Her little rant intended to denigrate what you do or do not do on your own "personal" time, as well as her little attempt at a dig commenting on your supposed lack of "life" because you DID happen upon the site is just ridiculous AND unprofessional in and of itself.

As GeraldT said, she deserves no apology, the loss of her alleged respect of you is inconsequential as she apparently has no respect for herself to have that sort of website so easily accessible.

Had I run across something similar from one of our own contractors or vendors, you can be sure I would share it with my fellow board members and entertain a discussion on whether this particular vendor, contractor or PM is one that we feel would be one with whom we would necessarily want to continue a working relationship or not.

She is right in one respect, what she does on her own time and in the privacy of her own home is her own personal business. But when she maintains a public website, she had better be prepared to accept that people with whom she conducts business could and will find it just as easily as any other person on the internet, and thus it is not so "private" or "personal" any more. It DOES become part of her business relationship with people.

There are many employees of many companies finding this lesson out the hard way.

Again, you have nothing to apologize for. The fact that you feel you need to explain the round'about way in which you found the site tells me you think you do need to apologize for something.

In fact, part of due diligence in hiring almost anybody you intend to hire, either as a contractor or vendor, or whatever, would include a web search these days. So you don't even have to account for why you ended up finding her site to begin with. And anything that you would find would be well within your purview to include as part of your review of that company or person, including a very public site that included sexual content. WHAT was she thinking?!

Michele,
I agree with how you have disected the problem. If I had anytrhing to add is the problem still remains. She has openly stated she is continuing to conduct her personal life in the manner described on her Blog. I have no interest in her personal affairs, but as a board member your overiding concern is your association. That is why we have Board for one reason, to keep folks from acting independently. If the Board decides that the actions of this character disqualifies her to manage their money for whatever reason, they have to right to fire who they want and they do not have to justify hiring someone new.
As far as the e-mail, what's the big deal? If the Board wants to fire her for this king of conduct, they can, they don't have to prove anything. We are talking about hiring a person to do the job that the person paying the money feels comfortable paying.

She is absolutely right about the fact she can elect to do what she wants privately. She wasn't private, and she turns around and blames you for what she is doing. She is saying, "all this trouble started because you read her blog and sent you an e-mail by mistake," you are not the first person to do that, it was a mistake. It is also a mistake on her part to think that what she does provately is not going to effect her publically.
It may not be legal but it is not illegal for folks to be influenced by what they know.

It was before this, and it is now: A board decision to act or not act on what they know. But I bet the Board suddenly becomes a turtle and solves the situation by cleansing themselves of any involvement, which is punishment for the poster of this subject for making a mistake, and if facts are facts here, the PM would have found out anyway. She is defending the indefenseable. She says she doesn't have a problem, then why is she defending her actions? One of her problems is going to be proving herself worthy in the public eye to hold her job....right or wrong.

Somehow, I don't think the PM would follow through on that. Either way, I wouldn't let that remote possibility sway me.

Certainly anybody can sue for any reason, doesn't mean they have a legitimate case nor that they will be successful.

The PM was under the mistaken impression that engaging in something as PUBLIC as posting certain personal pictures or personal dialog on a public webspace is somehow protected as private.

It's not. Now, if the BOD or anyone on it somehow HACKED into a private board, that is something else altogether. But that's not what happened.

What the PM did was inappropriate and the BOD would have been within their rights to sever the relationship.

However, now that the webpage is private, they really have no complaint.

People really need to be more aware of what sort of information they post about themselves online.

Michele,
I quote, "However, now that the webpage is private, they really have no complaint."

I agree with all else you say, however, here, "The bell has been rung."

Personally, I agree, but I am not a Board Member who, like all, can't dis-remember, and if he felt like I do, he would just keep getting on.

CathyT1

I see you have received many replies to your post, some of which are positive while others aren’t so positive.

I have mixed emotions about what has taken place. I agree that you have the RIGHT to inform the board (especially) about what you had “stumbled” upon, regardless of the content, they NEED to know also, who is representing their association. It wasn’t as though you received the information illegally or otherwise!

She is representing your association with her conduct as a PM all of which SHE should consider whenever she does anything. She is a representation of the MC as a property manager, 24-7 her actions/opinions and/or blogs are under the “watchful eye” of who ever stumbles across it! PERIOD.

She may very well be doing an adequate job as your PM. However, her email to you tells/shows me her maturity level and I personally would have a problem with her being MY PM.

I certainly wouldn’t apologize, (under any circumstance) for what?! You didn’t do anything wrong. First of all the web-site was a public web-site, which means anyone could have read and done the exact same thing you had. She wouldn’t had even known “IF” you hadn’t made a mistake by bringing it too her attention.

She may feel as though you were “getting dirt” on her, but she should be grateful that she even has an opportunity to clear her name prior to just being terminated, completely.

“IF” the MC (management company) is doing a good job, then there isn’t any reason to have her fired, (from the company) however, I would suggest to have a new PM (photo folio manager) to over see your community.

I feel that based on the new found information that her integrity (as your PM) will substantially influenced (the board/communities) interpretation, regardless of her Job performance.

Just my opinion, though.

Chuck W.

Legally you have every right to view profiles that are made public. Using that against someone ...

To me this is not a legality issue but more of a morality issue instead.

The point is that this child wrote to her employer stating that she no longer had respect for her. Yes, she is still a child since she chose to publish her private life on the www, and then actually wrote of non respect of her boss. I don't know any employer who would keep such a person around. Do you? There may be a contract with the management company but I doubt it requires that you keep the manager they assign to you. Harold

I don't see the problem with forwarding it to the other board members and asking their input. I would not be crazy about it if I found out later down the road that one of my fellow board members had encountered information like that and then decided on his or her own to handle it on his or her own.

I would very much think that the entire board should be aware, especially if when I "talked" with her she didn't handle it well. Then what? The board members would be left in the dark and would be finding out about it how? When she calls or emails them and tells them I have harassed her?

No. If what the original poster said is accurate, that she emailed and asked them what did they think about it, that was a perfectly legitimate approach.

In fact, I would also share the email she sent with them.