
Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to a large number of “viewers,” can wreak havoc in community associations, especially in situations where members of a community association create a “neighborhood” Facebook page or social media group. It is important to understand the potential pitfalls associated with social media use in community associations in order for board members to implement strategies that may help prevent the community from going “viral.”
Should the Association have a social media account?
Some associations have “official” social accounts such as on Facebook or Twitter/X. The idea of being able to “tweet” or “post” a message to potentially hundreds of residents may sound appealing but there are potential issues that can arise from an association’s use of social media. If your association is considering having an official social media account, it is important for the board to adopt a social media policy.
The policy should establish, among other things, what can and cannot be communicated via social media. As I routinely tell my teenage kids, once you post on social media – the information is “out there” – forever. It does not take a tech-savvy individual to screenshot a message to use as potential ammunition at a later date. An association’s social media account should not be used to editorialize, express opinions, or for any official association business. It is important to remember that anything posted on social media can be used against you in court.
Speaking of “official” business, it is also important to remember that posting information on social media is not the same as posting official notices as required by law. Residents may become overly reliant on social media for information about the operations of the association. An association’s social media policy should make it clear to residents that information posted on social media does not constitute written notice. The association may also want to include a well-placed disclaimer on the social media site to reiterate that social media posts and comments do not constitute written notice. Many associations have websites, and due to recent legislative changes, many associations are currently required to maintain a website, and most associations will be required to maintain a website by January 1, 2026. The association’s social media account should direct members to the website for official notices and records. It is equally as important to keep formal board member decisions and communications off social media. Official business of the association and board actions must be conducted at duly noticed meetings, not on Facebook.
A social media policy should designate who is responsible for monitoring and overseeing the account, as well as who has the authority to post, review and, if necessary, remove content. Set forth ground rules for member interactions and clearly state that users may be restricted from posting offensive, hateful, or discriminatory content. It is not uncommon for community social media platforms to become an outlet of negativity. Social media platforms provide prime real estate for residents to voice complaints about the association, the board, or even others living in the community. It is important that board members and community association managers do not engage in personal disputes with residents on social media. If the social media is not private (for residents only), negative comments and posts can damage the reputation of the association.
What about owner run social media accounts?
Because of all of these potential pitfalls related to an official association social media account, many associations choose not to host an official social media account. However, that does not prevent owners from creating a “neighborhood” or “owners” social media page. In those cases, it is just an important for the Board to have a social media policy to instruct board members and managers on the “do’s and don’ts” of posting (or commenting) on a neighborhood social media account run by owners. Some of these pages look “official” and it is important for owners to include a disclaimer that it is not an official page of the association. If your community has an owner-operated social media account and the Board becomes aware that the page is creating confusion among residents who believe it is an “official” association account, the Board should reach out to the association’s counsel to get recommendations on how to address this issue.
Having a social media presence may be compelling but it is wrought with potential dangers. If your association is considering establishing a social media presence, the board of directors should work with qualified legal counsel to develop a social media policy to assist with avoiding some of the pitfalls associated with social media.