Website & Liability

HOATalk provides custom community websites via our parent: Community123.com

While we don't give legal advice, our websites carry a disclaimer at the bottom of every page. If you'd like to see an example, have a look at the Terms of Use and Privacy Statement at the bottom of: www.TheKuleana.org

Disclaimers are only one aspect of liability protection. Another is security. Your website should be password protected so only members see most content. According to HindmanSanchez, one of our legal sponsors, the following should not be public on a HOA website: "... financial records, names, addresses and phone numbers of residents, and probably even the minutes of board meetings should be restricted to residents only."

Basically, any information that may be negatively interpreted or misused by a potential buyer, the Press, Realtors, etc could end up having a negative impact on owners. That's why most of the site should be password protected and each member should have their own login account. It's not a matter of trying to hide anything; Proper disclosure should always be made. However the Board's first and only duty is to the members and it's better to err on the side of caution.

Another aspect is keeping the site updated.

If you build a homegrown site yourself, you are in for big job. We spent over 1 year on R&D and professional programming to build our community website product and we improve it constantly (in part via feedback from HOATalk members). You may end up being the only person that can update the site. Our product allows many editors with full security.

Consider other important features like email announcements. However, if you email the members, give them an easy way to opt-out of emails so your emails are not considered SPAM. Our product offers this as well.

We offer a free custom build and 2 month free trial if you are interested.
You can email [email protected] or visit www.Community123.com for more information.

Best Regards,
HOATalk.com (built by Community123.com)

Excellent suggestion Joe

#1 Owners names and address are public domain and not protected from publication. Go to your local property tax website-you can search by owner name and address.
#2 Liens against Members of an HOA are public domain. Search your local Clerk of Court website by last name or the name of your Association.
#3 All governing documents are public record. All deeds, easements, etc. Searchable from your State corporation website and local county Clerk of Court.
#4 All mortgages are public documents. Searchable as in #2
#5 Unless a phone number is unlisted it is public domain. Search your own at www.whitepages.com If you can find it it is public domain.
#6 Do not publish anything as fact unless you have your statement documented. Digital recordings are allowed of any Board or Members meetings and all committee meetings. If someone said it at a meeting you can publish it. These people are either directors, officers or members of a State incorporated business - all subject to public domain. Ask the CEO of Enron.
#7 Supreme court rulings about intertnet and free speech:
http://www.chillingeffects.org/johndoe/faq.cgi#QID153
#8 If you don't want to be in the public eye - stay home and lock your doors. If you are on the BOD of a State Corporation - you better be within Statutes and your own Governing Docs - running your HOA outside the law opens a Director of Officer to personal liability for civil and criminal suits.
www.freewebs.com/sandtree

This site will not cost you a cent and if you can read you can run and keep a website up to date.

"If someone said it at a meeting you can publish it. These people are either directors, officers or members of a State incorporated business - all subject to public domain. Ask the CEO of Enron."

I disagree. Minutes of meetings should NOT contain thoughts, feelings, suggestions, opinions, gossip, private conversations, gonna-dos, etc. and neither should your web site.