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RW1
Posts:0
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| 01/06/2008 5:12 AM |
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Our current HOA website has all posted information accessable to anyone on the www. Not just common forms but meet. minutes & budget info. too!
What is the "Industry Accepted Practice" as far as making this (private) information available without registration or member login?
I have visited other HOA websites, randomly, on the www and have always found a "members only" or similar section where I ASSUME the private material is available.
Our meetings are not public so why should our private documents be?
Current "webmaster" says: "I really don't see where anything posted thus far would constitute any type of breach in confidentiality or security."
http://www.fostersmill.org
I say he is wrong, naieve (and foolish).
Any comments on what should be posted (freely accessed) and,
what shouldn't be (freely) posted. |
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hoatalk
Posts:538
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| 01/06/2008 5:46 AM |
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As you may have seen, HOATalk is run by Community123.com, who offers secure HOA websites. Our customers may choose which info. is public or private, but here's a guideline:
One of our sponsors, HindmanSanchez is a large law firm that has handled over 1,800 associations. All they do is association law. They publish a newsletter and here's a quote on what should not be made public on web sites: "... financial records, names, addresses and phone numbers of residents, and probably even the minutes of board meetings should be restricted to residents only."
See: HindmanSanchez Newsletter Article
Now, I'll give my non-legal, non-attorney opinion on this: The Board's fiduciary duty is to serve only the members (e.g. owners). If you post financials or Board meeting minutes on the public website and it has a negative impact on the community or an individual member, then it seems the Board is responsible for the damage.
The HOA is a private corporation serving only its members. Of course, the owners should follow all disclosure laws when they sell a property, but it's not the Board's place to provide internal corporate/HOA documents to the public. That said, providing 'public' HOA documents on the public website can be a good idea (e.g. CCRS, Articles of Incorporation, Bylaws, Rules). |
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hoatalk
Posts:538
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| 01/06/2008 5:53 AM |
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PS - Have a look at one of our customer's websites for a great example of what to make public vs. private. Look under documents to see the public documents. Of course you can't see the private pages, but at least the public area will show you what they consider OK to publish to the world.
http://www.cypressgreenshoa.com/
If your community would like a secure website, Community123.com will build you one for free, transfer all your old website's contents to the new one and give you 2 months to try the new site all for free. |
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HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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DeborahW1
(Michigan)
Posts:10
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| 01/06/2008 9:26 AM |
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You say your meetings are not public. Why aren’t they? Sorry, I’ve just never heard of that. The occasional sub-committee meeting might not be public, but board meetings generally all, aren't they?
Our meetings are open to anyone, resident, renter, whoever wants to stop by.
We post our minutes on our website, as well as article of incorporation, bylaws, handbook, master deed, etc. All of which are part of a public record so I don’t see a problem with it. We also post a print-out of meeting minutes in a display case at out cabana for anyone to read.
I've seen sites have this info open to everone and some that do not. I don't think there is a standard per se as to what info is available. It seems to be a group/association's decision to do so.
I think your site looks very nice. It has easy navigation, and good info for anyone interested in living there. Only thing I noticed was a layout issue with the page counter covering some text.
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hoatalk
Posts:538
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| 01/06/2008 10:46 AM |
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I took a look at the documents posted on your website. Keep in mind that Google and others index your pages and the contents of all documents on the public part of your site.
So someone searching for your property manager's name in Google may find this in your JAN 2007 minutes:
"A motion was made to terminate the services of (name removed) Community
Management for cause within a 30 day period from the time our attorney reviews
xxx contract and deems it appropriate. Motion made by (name removed), Secretary
and 2nd by (name removed), Treasurer."
I took out the people and company names, but you can see that your MC may have a problem with his company's name coming up in a Google search with your termination 'for cause' minutes listed there. In other words a prospect of his searches for his company's name in Google and your document appears. The prospect decides not to hire him. Maybe this is no problem unless you have some sort of non-disclosure in your MC contract, but why create the conflict by showing this to the world?
I also noted that individual homeowner names are listed in the minutes too. If these ever tie to a violation I can see some conflict there too. People may not like their names posted on a public site like this and even though you may not be violating any privacy laws, why have the conflict?
In general, it's best to err on the side of privacy when placing documents on the internet. Once a document is indexed by Google, MSN, Yahoo etc. then it's nearly impossible to get it removed from the Internet. Even if you delete it from your site it still lives on as a cached document in the search engines and they will not remove it just because you ask.
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HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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RW1
Posts:0
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| 01/06/2008 5:06 PM |
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Thank You,
As far as our meetings not being public... I was referring to non-members.
RW1 |
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