HOAleader.com - Tip of the Week - October 24, 2014
Published: Fri, 10/24/14
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Buy, Sell, Trade Bulletin Board: What Else Can Your HOA Take On?
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In this week's tip, we warn against stepping into territory that's not part
of your HOA's mission. It's in response to a reader's request for tips for
creating an online bulletin board in conjunction with the HOA's website
where owners could buy, sell, or trade goods and services. Our experts have
many concerns, starting with this one:
1. The legal waiver's just the first step in protecting your HOA. "The most
important thing is that the waiver of legal responsibility should big,
prominent, and have flashing lights around it," says Bob Kmiecik, a partner
at Kaman & Cusimano LLC, which represents associations throughout Ohio.
"But once you put the bulletin board up there, will you put limits on what's
included?" Kmiecik adds. "Some businesses you probably don't want on there
because it sends a message about your community. For instance, can owners
advertise massage parlors? Escort services? Bail bondsmen? Those may be
perfectly legitimate businesses and legal in your state. But if you allow
them to post, what are you saying as an association?
"Then, the minute you try to limit that content, you're stuck in a dilemma of
what goes in and what stays out," he says. "By eliminating some posts, are you
now discriminating because you've created some back-door fair housing
violation? If you limit content, are you by implication endorsing the
people who are on there?
"This creates a whole host of problems," contends Kmiecik. "As a lawyer, I'd
like to be able to tell you that you can write a waiver that you're not
responsible. But that's not always a shield. Courts will look at your actual
conduct."
If you guessed that's not the only concern our experts raised, you're right.
Find out their other worries-and learn about an alternative to help you
achieve the same goal, in our new article:
http://www.hoaleader.com/members/1085.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Buy, Sell, Trade Bulletin Board: What Else Can Your HOA Take On?
In this week's tip, we warn against stepping into territory that's not part
of your HOA's mission. It's in response to a reader's request for tips for
creating an online bulletin board in conjunction with the HOA's website
where owners could buy, sell, or trade goods and services. Our experts have
many concerns, starting with this one:
Click here to read full article:
http://www.hoaleader.com/members/Buy-Sell-Trade-Bulletin-Board-What-Else-Can-Your-HOA-Take-On.cfm
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Should Your HOA Be in the Business of Marketing Owners' Goods and Services?
An HOAleader.com reader writes, "Our 550-unit association is considering
creating and maintaining an electronic 'bulletin board' through or in
conjunction with our website, where owners could buy, sell or trade goods
and services. It would not (in concept) be available to people outside of the
association. Besides the obvious legal requirements that the association
have no responsibility for the goods or the transactions, does anyone have
any experience they could offer as guidance as part of our research?"
Click here to read full article:
http://www.hoaleader.com/members/Should-Your-HOA-Be-in-Business-Marketing-Owners-Goods-Services.cfm
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How to Handle Owners' Requests for Agenda Items
What do you do when owners ask you to place items on your meeting agenda? You
should have a formal process so owners feel, and are, heard. Here are tips for
evaluating and responding to owners' requests to include items on a meeting
agenda.
Click here to read full article:
http://www.hoaleader.com/members/How-Handle-Owners-Requests-for-Agenda-Items.cfm
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HOA Board Members and Fiduciary Duties: What You Must Know to Fulfill Your
Duty to Your Association and Protect Yourself from Personal Liability
When you volunteered to serve your community association as a board member,
did you realize you were agreeing to set aside your own interests and act as a
fiduciary on behalf of the entire association? Are you confident you know
every scenario where you might trip up and expose yourself to personal
liability by failing to live up to this important duty?
Set aside an hour of your time to learn what you need to know and ensure you're
not risking your own financial security by making common--but easily
avoidable--mistakes while volunteering as an HOA board member. Join us for
in an in-depth webinar on November 13.
Click here to read full article:
http://www.hoaleader.com/snip/177.htm
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Are You Following These 5 HOA Email Best Practices?
You've read Three Reasons Not to Use a Personal Email Account for HOA
Business. But there's more you should know about handling email for HOA
business. In this week's tip, we offer the first of five more tips from our
experts.
Click here to read full article:
http://www.hoaleader.com/members/Are-You-Following-These-5-HOA-Email-Best-Practices.cfm
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