Community Associations And Social Media

By: Steven M. Ott, Esq.

Many of our associations are asking us about the liabilities associated with the use of a website, or with the use of an association Facebook page. Yes, even some are asking about Twitter, Instagram and other types of popular accounts. Social media platforms are catching on in many associations.

Today’s world is online. There are no two ways about that. So what legal issues lurk in the depths of cyberspace, just waiting for the unsuspecting association to take the plunge?

An obvious risk comes from someone who was defamed in a Facebook post, Twitter rant, or discussed on a website community forum. For example, an owner’s erroneous complaints that the developer declared bankruptcy resulted in litigation.

Likewise, a court case ensued after an owner posted criticism of the association on the association supported website that the Board was not following its own governing documents and violated state law. Rants about who caused mold in a unit resulted in another court case; not about the mold but about the libel for the accusations.

Federal Law provides some limited protections for the operators of social media sites. The Communications Decency Act eliminates liability for information posted by third parties. The Digital Millennium Copyright Act eliminates liability for copyright infringement claims involving content posted by third parties.

However, these are useful defenses afterlitigation is filed. It is far better to have policies in place to avoid being sued in the first place. Policies for web-based communication platforms would include items that define and limit who has access to the sites. For example, association members should be the only “friends” for a restricted Facebook page. Also, a restriction on who can post or speak on association platforms would be appropriate. For example on websites or Facebook pages, only Board members (or those they designate) can post; the association members have “read only” access. If the association has an open forum for discussion, then content standards should be established which, for example, prohibit disparaging, confidential, or embarrassing information about anyone. The policies would enable the Board to remove any content that violates the policies.

The Association’s Board should carefully consider the purpose of the social media platform they are considering. Obviously the policies would support the intended purpose.

Before embarking upon the creation of the open media platform the Board should carefully review with their insurance agent whether their policy has appropriate coverage.

If you are considering the use of a web-based social media platform, please contact one of the attorneys in our office to discuss the various policies that the Board should consider before taking the plunge.

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