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Association Websites and Emerging Technologies. Overview. Basic Legal Considerations What do we put on our site (and what do we leave off of it)? Spite Sites, Impersonators and Board Members in Exile – misuse of websites and ideas for how to deal with it.
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Overview • Basic Legal Considerations • What do we put on our site (and what do we leave off of it)? • Spite Sites, Impersonators and Board Members in Exile – misuse of websites and ideas for how to deal with it. • Truly emerging technologies: Wikis, QR Codes, Translation Tools
Basic Legal Considerations • Websites are not a substitute for physical meetings… but in the near future are likely to become the generally accepted way to provide notice and conduct Association voting • Open Meetings Requirement: ORS 100.420 and ORS 94.640 • Chat Rooms, Online Discussions – the “letter of the open meetings requirement and the spirit” • Electronic Notices: 100.423 and ORS 94.652 • Is website same as “prominent location on property”? • ORS 94.640/ORS : For other than emergency meetings, notice of board of directors’ meetings shall be posted at a place or places on the property at least three days prior to the meeting or notice shall be provided by a method otherwise reasonably calculated to inform lot owners of such meetings; • Opportunity to “opt out” • Electronic Voting • Mail, Facsimile transmission or “posting on a wesbite” all ok • Posting on website “notice of the posting shall be sent to each unit owner and shall contain instruction on obtaining access to the posting”
What do we put on our site? • Association Records: 100.480 and ORS 94.670 • Declaration/CCRs, Bylaws, Plat and amendments thereto (official recorded version) • Considerations: • Management hosted site versus self-hosted • Password wall versus no password wall • Potentially Controversial Documents • Building Envelope Report • Settlement Agreements • Association Contracts • Financials • Anything discussed in executive session – leave out. • Jason’s Realtor Test
Spite Sites, Impersonators and Board Members in Exile • Websites are visible and easily accessible owners – and thus a powerful means of communication. What do you do when an angry owner uses one against the Association? • Impersonators: Some associations have specific names that enjoy trademark protection under the Lanham Act and Anti-Cybersquatting Act, but unless the impersonator is making money off the impersonation, your sole remedy is typically injunctive relief (attorney fees recoverable) • Trump Plaza of the Palm Beaches Case • www.trumplazaofthepalmbeaches.com Rosenthal is “your designated broker” • Spite Sites: Defamation, but that is a hollow remedy because you have to prove (1) that what is said is patently false rather than merely “spin” and (2) actual damages. • Association Politics: Outlasting the bad guys, correcting misinformation and simply running the association well.
Emerging Technologies in the HOA industry • Association Wikis – welcome packets, move-in move out information and association policies • QR Codes - building FAQs in the palm of your hand • Biometric Building Access • Translation Tools • Video and Videoconferencing • Youtube: Search “dysfunctional HOA Meeting” for amusement • Cloud-Based Storage • Social Media
