By: Helsing Admin
Question: (This is actually more of a statement – but worth a response). I’m writing to you about your opinion on community chat groups. We live in a litigious society but the irony is that you lecture your community members about chat groups but yet you have your own official “blog”. Not sure you can get any more hypocritical than that. Helsing needs to get out of the dark ages and embrace technology because your constituents already did.
There is a big difference between a business having a blog and a community chat group. I, and I alone, am responsible for the content of our blog. When a community chat group becomes recognized by the association, HOA responsibilities can extend to liability for content rather than the writer of the content. Recognition can be as simple as the Board or management acknowledging it – and certainly by taking part in it and even becoming part of HOA responsibilities to maintain it. Since HOA responsibilities cannot extend to (and should not) control what people say in their public conversations – all the association can do is try to limit the liability of inappropriate comments by distancing itself from these groups. This is not just my opinion, but also the opinion of every attorney I have ever had an association ask for a legal opinion. If you are a Board member, and you disagree with my suggestion, then I can only recommend you seek advice of the association’s attorney and try to protect your membership. If you are a homeowner, please be aware that it is that sort of comment if being discussed publicly (and the web is public) that can cause problems. A reader could interpret it as being inflammatory in tone, and could infer falsehoods. Let’s leave the liability with the writer and not all of the writer’s neighbors. That was the intent of the article and hopefully if others misunderstood that this will help. Thank you for responding.
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