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Websites & Chat Rooms
Benefits. More and more associations are discovering the benefits of internet websites. They provide easy 24-hours per day access to the association's CC&Rs, Bylaws, Rules and Regulations, Architectural Standards, minutes, financial statements, and newsletters.

Problems. Websites also expose associations to potential liability from defamation, theft of personal information, invasion of privacy, and "rights" organizations seeking litigation targets. To minimize such risks, associations should divide their websites into two sections: (i) one that is open to the public, and (ii) a second members-only, password-protected section.

Members Only.
The public portion of the site can have a welcoming page with a description of the development and pictures of the project. The members-only section should contain the governing documents, financial statements, minutes, names of board and staff members, etc. Boards should be cautious about posting the names of delinquent owners, and should not post employee disciplinary actions, executive session minutes, or attorney-client privileged communications.

Chat Rooms. Association sponsored chat rooms and bulletin boards allow members to get to know each other and let off a little steam. Unfortunately, they are frequently taken over by small groups of disaffected owners who engage in personal attacks, gossip, obscenities, hostile diatribes, and defamation. If the chat room/bulletin board is sponsored by the association, it becomes potentially liable for publication of such materials. Moreover, the association's insurance may not cover claims arising out of the chat room.

RECOMMENDATION: Associations should NOT allow chat rooms and bulletin boards on their websites.

Adams Kessler PLC
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