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QUESTION: I am a resident in an over-55 condominium community. I also operate an unofficial website for the community. Do I have a right to post on my website public documents of the association, such as Articles of Incorporation, Rules and Regulations, and CC&Rs?

ANSWER: Yes, but you need prominent disclaimers making it clear that your website is not the association's website and you do not speak for the association. Also, you should not use the association's name and logo. Otherwise, you may incur potential liability for misrepresentation and violate provisions of the Anticybersquatting Consumer Protection Act of 1999 (15 U.S.C. §1125(d)) and provisions of the Lanham Act which protects trademarks. Also see Internet Library of Law.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC