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Why is it so important to have this website if the majority don't want it? Current owners have the association docs already anyway. Is the Board afraid you'll be openly critical of them on the website? Will you?
Why is it important? Maybe because as foxboro wrote above:
"These things get sticky...for example the chair of the board and the management had a 'private meeting' in the chair's house for about 2 hours after our board meeting was over. The board and the management act as friends and sort of like they are working for one another. They're buddies. There is somewhat a loss of professionalism here I think. I'm just trying to bring some accountability back to the table."
and
"A lot of current owners don't have the docs. Weren't savvy enough to get it all from the seller or maybe didn't know to ask. So if they want it now mgmt is asking for a fee. I definitely think the board is afraid of that but I assured them it'd be informational. They don't want the minutes posted. I think they are irrationally fearful of the association. There might be good reason. Three of them are trustees of a big piece of our land that has been in limbo since 2009 for a land sale. The association hasn't been well informed on it, has been kind of closed door goings on w these trustees and developers. So there are reasons I think they have to feel fearful maybe."
This board member has every right to be openly critical of the board if he or she wants to. Boards should be places of respectful discussion, and healthy open disagreements, not the board chair and management cozying up for 2 hours behind the association's back. It sounds like this board DOES need to be more accountable.
Like Freud said, hidden things are unhealthy. Bring information out in the open--it's much better for everyone, especially if a few secretive board members have their under-handed actions exposed.
My belief is an association should have a website and it should be informational only meaning it does not have a post comments nor discussion section. Do not let it become a bytching session. We all know one or two members that will use it as such. I can name ours that would.
It should be seen as a sales tool to aid people in considering buying there thus it should be open to the world to view. Make it pretty, upbeat, informative, alluring, etc.
All docs should be on the site so people see how open and above board the association is. Make sure there is a disclaimer that all information/documentation is for informational purposes only. No claims of accuracy are made.
The BOD must approve anything posted/displayed on the site.
But must I resign my 1st amendment rights as a US citizen if I also happen to be an HOA trustee board member?
Your going about it all wrong. You need to tiptoe around the fact that you want to make everything transparent, because the others dont want that. Soft sell it. Let them know you want to bring the community together by making a facebook page to announce bbq, lost dogs, items for sale, etc. Next, provide more and more info... gradually. Then make your own web site with the HOA docs and announce it on the facebook page. You dont need anyone's permission nor approvals to do this as long as its available to anyone. Meaning you can share docs anyone can get, but not private docs that only the board has access to such as personnel issues, peoples hardship reasons for being late on dues, lawyer notes, etc.
Your being too aggressive. You can still do what you want to do but be nice about it. People respond better when you play nice. Even if your just pretending.
Resale packages puts money in the person's pocket that provides docs to perspective buyers. I've ranted about this for years. It's a racket, but it's free enterprise and as long as we put up with it, I as an army of one am fighting a battle no one else wants.
Hidden minutes of the board is borderline criminal (if someone is trying to gain financially) dependent upon the structure and by-laws of the HOA. I agree with a prior poster and think as a private blogger (and anonymously) you could post them. Watch them all titter as they try to figure out who's blogging. "Gee, someone else must have taken my idea and mistakes and posted the minutes."
I like what you are doing, but suspect you need to go underground. You could pay kids (in disguise and from outside the neighbohood for total deniability) to deliver to each house a notice with a website to check out. If you have email addresses for everyone, even better. Go to your local library and create an email account and email the website.
Unfortunately, I think the lone ranger needs to be anonymous.
Resale packages puts money in the person's pocket that provides docs to perspective buyers.
Resale packages will still need to be paid for as they contain "current" information such as special assessments, delinquencies, etc. And if your mgmt company needs to put those together, they should be paid for their work.
Resale packages will still need to be paid for as they contain "current" information such as special assessments, delinquencies, etc. And if your mgmt company needs to put those together, they should be paid for their work.
A resale package is different and might be chargeable but it is not the same as "hiding/charging" for a copy of the docs for review before deciding to buy. I say make an "unofficial" copy of the docs readily available on ones website then one could charge for a resale package and all should be happy.
Many HOAs now have their CCR's, etc., online in a website run by the Board or management company on behalf of the Board these days. Perhaps you should find a few HOA websites that include this and show them to the Board - they're great for promoting the neighborhood and assist those homeowners who are selling in finding buyers (these days people would prefer to read the HOA docs before making an offer, even if they know they're going to be charged for them as part of the sale, to avoid the expense of inspections, etc., only to find that the CCR's contain something they can't or don't want to live with).
As for the statement that the docs are not copyrighted, I'm not an attorney, but I do know that EVERYTHING other than government documents falls under copyright protection from the moment that it is first created in fixed form (and on a computer counts, per the U.S. Copyright Office website). Since HOA docs are not government documents, they would seem to be copyrighted and cannot be published anywhere without permission of the copyright holder, usually the author but in this case perhaps the HOA depending on the contract to create them) without being in violation of copyright infringement.
As for the statement that the docs are not copyrighted, I'm not an attorney, but I do know that EVERYTHING other than government documents falls under copyright protection from the moment that it is first created in fixed form (and on a computer counts, per the U.S. Copyright Office website). Since HOA docs are not government documents, they would seem to be copyrighted and cannot be published anywhere without permission of the copyright holder, usually the author but in this case perhaps the HOA depending on the contract to create them) without being in violation of copyright infringement.
Whoa! Really?
Well that changes my thought about posting the minutes. I don't think I would want to deal with that issue. Plus, even if I did an anon site, I would implicate myself especially in situations where management didn't send copies of the minutes to any other entity. It'd be easy for them to trace the website back to me if minutes were posted.
Instead, I could just indicate that minutes are provided by management for free if the request is made to their email address.
Condo declarations, by-laws, and minutes are not copy-righted.
Do you know this for sure? Is this the case in all states? Others (see texashorselady above) seem to know minutes and other non-governmental documents ARE copyrighted.
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