The Law Journal, Fall 2021

Page 14

The Dangers of Association Oversharing on Social Media BY MARIA C. KAO, ESQ.

Historically, homeowners associations only needed to manage the physical real estate. Now, associations need to manage their virtual real estate. Popular social media apps and websites hosting resident chatter appear to be: Facebook.com; Nextdoor.com; Twitter.com; and WeChat. What are the liabilities and how does one manage the online gossip mill?

14 The Law Journal Fall 2021 | cacm.org

WATCH OUT. DON’T GET SUED, FINED OR JAILED.

This country prides itself on its First Amendment speech rights. Most know this, but do not know about unprotected speech. This article focuses on the speech unprotected from the law. Homeowners associations may be confronted with the following examples of unprotected speech: defamation; obscenity; threats; and intimidation (i.e., cyberbullying). Civil and criminal liabilities should be a matter of concern for homeowners associations and the members serving on their boards. Human nature instinctively drives a person to respond defensively to all negative media concerning him/her/they.


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The Law Journal, Fall 2021 by CACM-California Association of Community Managers - Issuu