Harassment, Social Media, Defamation, and Restraining Orders - Q&A скачать в хорошем качестве

Harassment, Social Media, Defamation, and Restraining Orders - Q&A

Harassment, Social Media, Defamation, and Restraining Orders - Q&A TIMESTAMPED QUESTIONS: 00:38 - It sounds like any claim of harassment must be investigated, but isn't the board's duty to investigate only when the harassment involves a protected class? 02:12 - Harassment & protected class--what if the perp and victim are both the same race, religion, sex etc. Still harassment under the law? 04:15 - What is the difference between Criminal and Civil harassment? 06:07 - How about a member filing a TRO against a Director? 09:31 - Are HOAs required to have By-Laws? 10:51 - Our HOA has a no-bullying clause in the bylaws. To what extent should the board attempt to adjudicate member-to-member disputes? 12:58 - What is the board’s responsibility if bullying is occurring between an owner and the spouse of an owner (the spouse is NOT on title)? 14:33 - Can rules about conduct address disgruntled Members that scowl , stare, etc. 16:28 - if a board member gives false information in his bod capacity, sometimes against other board members, what is the recourse of the board? 20:52 - For clarification, does HUD cover age? 23:50 - Please discus Social Media, Chat Rooms & Websites Associations cannot prohibit members from using social media or other online resources to make statements critical of the association or its governance. (Civ. Code § 4515(b)(6).) 28:59 - CA P/C 653.2 which deals with electronic harassment, i.e, an individual doxxes a committee-member on a website without the permission of the person being doxed, and a second individual posts links to the website for his readers to read. aren't they both in violation of P/C 653.2? 31:32 - What happens if the harassment is from the GM against a member of the HOA and the Board decides to do nothing? 33:27 - Hypothetical question: If a board member files a restraining order against another board member what happens at board meetings? 36:31 - Are property management companies for an individual unit considered as a vendor? If an owner is feeling like they’re being harassed by then, what can the board do? 38:28 - Please discuss use of Small Claims Court in getting an Injunction to enforce director duties under California HOA Civil Code...when the board ignores and violate these. 42:18 - In terms of harassment to Board members, does this include when a group of homeowners are on social media Next Door, providing inaccurate information, which in turn makes projects difficult to get done within a normal amount of time. The inaccurate information riles up the community and we spend a great deal of time clarifying, sometimes months. We also have a very poor attendance at Board meetings besides the group. We are transparent in our projects but the group will distort the truth. Not sure if this a type of harassment or something else 45:58 - Is being a publicly elected official considered a public figure ? 47:32 - Harassment--HOA Boards have a duty to investigate homeowner complaints. How does this square against the Woolard case, stated in the D-S newsletter on 12/28: "HOA's standard of care does not include mediating, de-escalating, or resolving disputes between neighbors. (Woolard v. Regent Real Estate Services.)" 49:29 - What if someone reads something during Owner Forum at Open Session Meeting which they want written into the Minutes which may have misstatement - is the Board required to include the text in the Minutes as written by the homeowner if they might by slanderous? 51:57 - I’d really like to hear about Social Media and how Boards should participate, if they should, and harassing statements members are making about specific Board Member. 54:09 - Do other board members have an obligation to keep quiet when board members slander a member in the community? What is the duty to the member being slandered, whether it be known as slander or unknown? 56:05 - When does first amendment rights take priority over libel? 59:06 - Should Boards be selective on who they invite in a social chat or FB? 01:02:21 - The First Amendment requires “State Action”. The HOAs are generally private non-profit corporations. Can you clarify and/or amplify on this? Thanks. 01:04:09 - What if board a says they’ll investigate but postpone beyond statue of limitations (and board members were the ones harassing)? 01:07:18 - Some FB Pages/Groups use the Name of the Association Community in their Name, which confuses the members as to which FB site is owned by the Association. Is restraining order an appropriate direction to remove or force renaming? 01:09:02 - what do you do if a owner created is own social media account and controls it? meaning he decides who is in/out? for instance he kicked me off (President of HOA) but I can still see what is posted but I do not have a means to respond. Can we request it be taken down?