Social media grips many people’s daily life like a vice. For most, they can only go minutes before the urge to scroll takes over on one of the various social media apps, but that urge has also brought with it other negative actions. Specifically, an increasing need to engage others online in an aggressive nature. Unfortunately, POA social media pages are not spared in this behavior. What role does the POA play in governing situations when online sparring turns into a full-on neighbor-to-neighbor brawl?

Social Media Policy

In most instances, the POA should avoid becoming involved in neighbor-to-neighbor disputes. But if these disputes are occurring on POA controlled forums, such as a social media page, the POA has a role to play.

This role begins with having an effective social media policy for a POA’s active, official social media pages.

A POA’s social media policy should begin by defining the terms of use for the page and social media outlets the POA will choose to operate. In the terms, identify the purpose of the page. If the page consists of community-related posts, identify the scope of those posts (lost pets, classifieds, social activities, etc.)

With increasing hostility on social media, it is more important than ever for POAs to identify and outline the types of posts that will not be allowed on POA social media pages.

The social media policy should detail the potential ramifications users can face for making these types of posts and violating the terms of use policy.

The types of posts not allowed should include:

• Obscene or unlawful posts
• Posts and comments that are harassing or threatening in nature
• Posts and comments concerning anything not pertaining to the community
• Copyrighted material or images without proper consent (e.g., photos, gifs or memes)
• Posts with misleading or disinformation about current events

The social media policy should also include language stating that no advertising or junk messaging will be allowed on the page to prevent the page from becoming a marketplace that advertises homeowners’ addresses and subjecting the POA to potential liability.

In addition to not allowing a marketplace to develop, the policy should not allow for posting of personal information of the residents, such as addresses, images of their homes, or complaints regarding neighbor-to-neighbor disputes.

If there is a post that violates the terms of use, a strict set of consequences should be clearly defined. A violation allows the post to be deleted without notice and continued or egregious violations will allow for the user’s access rights to be suspended immediately.

Most importantly, the social media policy should determine who is the administrator of the social media page and, as a result, the arbiter of potential violations. This person could be a board member, a committee member, or a community manager, but there is a potential cost factor involved with the community manager.

POA Involvement

POAs need to be cautious about becoming involved with neighbor-to-neighbor disputes. The use of POA resources to mediate disputes is not always the best use of POA resources and there may not always be community support for Board intervention into an issue.

The POA becoming involved will depend on the extent of the issue. The POA’s Board will need to ask itself; does the dispute:

• Threaten the health and safety of others?
• Create possible depreciation of property value?
• Provide a nuisance/annoyance to multiple neighbors?

If the answer is “yes” to any of these questions, the POA may have grounds to become involved in developing a solution to the situation, but the increasing use of social media has made these situations even more complicated.

For situations concerning the immediate threat to health and safety, which may include social media posts, community members should contact local law enforcement to  resolve the situation.

With the other situations for POA involvement in neighbor-to-neighbor disputes, the POA needs to proceed with caution because the POA could risk violating their own social media policy should members of the community choose to use POA social media sites to report violations.

POAs have a duty to enforce and maintain their covenants. A failure to act could potentially create liability for the POA; however, if the POA allows members of the community to report violations via the social media pages it could quickly cause neighbor-to-neighbor disputes to escalate quickly and place the POA’s social media page and POA at risk.

In the event a violation is reported via social media, the POA should follow their social media policy and remove the post if it violates the terms of the policy. Before doing so, the POA may choose to document the post by saving a screen capture of the post should hostilities escalate or continue away from social media. If a member uses the private direct message feature on the chosen social media platform, the POA should direct the member to resubmit the alleged violation through the documented reporting channels for tracking purposes.

When to Contact an Attorney

If a POA becomes involved in a neighbor-to-neighbor dispute on social media after the procedures outlined in the social media policy have been implemented, it may be necessary for the POA to involve its attorney to assist in resolving the matter.

The POA should consider contacting its attorney in the following circumstances:

• Parties refuse to cooperate
• Dispute involves a violation of the covenants
• Association is unsure of its duty to enforce
• Dispute affects others in the community other than the parties at issue
• Issues involving complex property law
• FHA issues arise

If it is necessary to hire an attorney to resolve a violation, attorney’s fees are recoverable per Section 5.006 of the Texas Property Code entitled “Attorney’s Fees in Breach of Restrictive Covenant”, which states as follows:

(a) In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney’s fees in addition to the party’s costs and claim.

(b) To determine reasonable attorney’s fees, the court shall consider:

(1) the time and labor required;

(2) the novelty and difficulty of the questions;

(3) the expertise, reputation, and ability of the attorney; and

(4) any other factor.

By having an effective social media policy, POAs should be able to address many issues before they develop into a full-blown neighbor-to-neighbor dispute that forces the POA to become involved.

If you have questions on your POA’s social media policy, or your POA needs a social media policy, the POA’s legal counsel should be contacted.