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Old 05-12-2014, 11:01 PM
 
10,553 posts, read 8,956,289 times
Reputation: 4772

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Quote:
Originally Posted by foxboro82 View Post
Some of you were kind enough to give me some ideas about doing a closed informational condo website without board approval.

So at our meeting tonight, the Board members voted on adoption of this:
http://www.caionline.org/info/help/a...mberethics.pdf

And also on adoption of this:
Profile of Effective Trustee

It was voted my the majority. I mentioned my idea of a non-board informational website and they were trying to say that I couldn't do the website and also be on the board (wouldn't be "one voice"). I said I didn't think this would supersede 2nd amendment rights. I also informed them that the website would only have information (master docs and minutes) that unit owners have access to anyhow. Is this a "different voice"?

Management had issue with the website because he said that is the way he makes some of his money (charging for docs).

And the Board said I would be taking money from him if I were to post the docs on a website.

Any ideas on how to proceed?
Taking HIS money? Don't you mean saving YOU guys money?! It's your collective funds paid for by owners in the form of HOA fees. The livelihood of this management guy is not your concern. A more efficient, lower cost system that saves you all money is a PLUS, not a minus. Talk about stupid---not you, but the other board members.

Go back and present this to your other board members and then ask them if they would rather not save money and have a more efficient system. The way some board members go on about their documents, you would think they were supreme court documents or something---they are stupid condominium declarations, by-laws, and minutes. Outside of Cuckoo Condoland, in the realm of the real world, they rank about somewhere between 0 and 1 on a scale of 100 for importance.
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Old 05-12-2014, 11:07 PM
 
10,553 posts, read 8,956,289 times
Reputation: 4772
Quote:
Originally Posted by rational1 View Post
> The second amendment is about the right to bear arms.

I don't know- maybe the poster is fighting mad.

Seriously- there is more than your right to free speech at issue here. You do not have the right to post documents or minutes written by someone else (copyright). (Although under some circumstances there is a fair use defense). The name of the association may be trademarked.

I do agree that promulgation of these documents is a good idea.
Condo declarations, by-laws, and minutes are not copy-righted.
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Old 05-13-2014, 03:18 AM
 
9,868 posts, read 10,115,285 times
Reputation: 21896
Quote:
They are not copyrighted and the management said they give them to any unit owner who asks. So I don't see that so much as an issue. The other documents are available from the County website (free to view, $ to print). So they're just mad about me making a website and giving people information. I wouldn't even need to put my name on it...
Board members, are usually not permitted to have something contrary to the board in HOA and corporate world. You are proposing putting out another web site, not part of your position on the board. It is very important out in the public, that board members are unified, not possibly pulling 2 directions which is disruptive for the members seeing 2 different things put out.

If you want to do something like that, then do as others have done in the past, and resign from the board.
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Old 05-13-2014, 04:34 AM
 
238 posts, read 373,662 times
Reputation: 113
Quote:
Originally Posted by oldtrader View Post
It is very important out in the public, that board members are unified, not possibly pulling 2 directions which is disruptive for the members seeing 2 different things put out.

If you want to do something like that, then do as others have done in the past, and resign from the board.
The website would not be public but be closed (unit owners get password) and informational only - the docs. So there isn't really "two directions" or opinions being expressed in that regard... The only two directions I see is that other board members don't want to take business from the management company that charges for these publicly available documents (deed, etc.) and minutes (that he says he distributes for free).

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.
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Old 05-13-2014, 07:47 AM
 
6,448 posts, read 5,071,753 times
Reputation: 14153
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?
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Old 05-13-2014, 10:15 AM
 
Location: Western Pennsylvania
2,429 posts, read 6,840,565 times
Reputation: 828
Quote:
Originally Posted by Retire in MB View Post
I think you mean first amendment - the government will not interfere with your right to free speech. The second amendment is about the right to bear arms.

What money are you taking from the Board?
The First Amendment only applies to governmental actions, not those of a private body.

Nonetheless, I don't see the need for an HOA board to present a single viewpoint anyway... and if it's just a site that links to public documents, I see no harm in it.

I guess they could try to force you off the board, if the by-laws have something like an impeachment or recall provision.
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Old 05-13-2014, 10:31 AM
 
238 posts, read 373,662 times
Reputation: 113
Quote:
Originally Posted by snorpus View Post
The First Amendment only applies to governmental actions, not those of a private body.
But must I resign my 1st amendment rights as a US citizen if I also happen to be an HOA trustee board member?
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Old 05-13-2014, 10:53 AM
 
Location: Northern Virginia
6,112 posts, read 7,016,289 times
Reputation: 16552
Quote:
Originally Posted by foxboro82 View Post
But must I resign my 1st amendment rights as a US citizen if I also happen to be an HOA trustee board member?
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference.

Key word is "government".

The situation you have outlined is not a violation of your 1st amendment.
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Old 05-13-2014, 10:54 AM
 
238 posts, read 373,662 times
Reputation: 113
Quote:
Originally Posted by 1insider View Post
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?
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.
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Old 05-13-2014, 11:55 AM
 
Location: Fuquay Varina
5,922 posts, read 8,272,156 times
Reputation: 16483
Just do a private blog, you can do it anon if you needed to keep your board happy. Invite only your current owners.
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