Page 5 - New England Condominium August 2020

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -AUGUST 2020 5 Legal Q A Dealing with Unsocial Society Messaging Q Some of the homeowners in our association participate in dis- cussions on a “neighborhood” social media site that is not controlled by our association. Most of the posts I’ve seen are friendly, but of course there’s a rights to freedom of speech and expres- fair number that are critical of just about sion enjoyed by all in America,” says Gary because various portions of the claims lar association. Further, once intellectual everything — from the landscaping to M. Daddario, partner at Marcus, Errico, (e.g., damages) are notoriously difficult property rights are established, a party board decisions and our management Emmer & Brooks, PC, in Braintree, Mas- staff. As a board member and property own- er, I worry that these posts might paint a ated websites. An association can receive and libel cases become even more diffi- negative public picture of our commu- nity, and cause division among residents attempting to prohibit or unduly restrict and problems with the staff. Sometimes free speech. the posts are unfounded rumors, or state- ments that are just not true. Do you have any suggestions on how ‘you can’t yell Fire! in a crowded theatre’ od of defense is to attempt to ensure that signs may be required to place disclaim- the board, or other residents who are gen- erally happy with our community, can as well. Whether on their own website of the message. So, an association may of ABC Condominium and the opinions deal with this? As a board member, I don’t or that of another, a person risks making benefit by exercising its intellectual prop- want to cause any kind of legal problem actionable statements if they state as fact erty rights. Through basic filings with the for the association by joining the conver- sation, if that would be a problem. —Web Worrier A “For the most part, the the statement, ‘The board is a bunch of association. This, in turn, avoids confu- postings people place on embezzlers.’ In any event, slander (which sion over whether certain messages are the internet are part of the is spoken) and libel (which is written) coming from the association or whether a sachusetts. “This is true of postings on ex- isting social media and also on user-cre- a public ‘black eye’ if it is perceived as cult to prove. “That said, freedom of speech is not association deal with problematic com- boundless. Most are familiar with the munications? A primary and basic meth- rule. There are other limits to free speech readers are not confused about the origin ers (e.g., ‘This website is not the website things which are demonstrably false. Note state, an association can obtain intellec- that ‘opinion’ is a defense to a slander or tual property protection (e.g., trademark, libel action. So, there is a significant legal servicemark) in its name and, if applica- difference between the statement, ‘I think ble, its logo. This will prevent others from the board is a bunch of embezzlers’ and using the proper name or the logo of an cases are not common. This is largely website is the official website of a particu- to prove. Further, the law classifies board may protect their ‘mark’ by taking ac- members as quasi-public persons, and as tion against ‘confusing’ websites or com- a result, the legal standards for slander munications of others. In other words, if “If legal actions in this area are uncom- mon and difficult to prove, how does an that it confuses the public into thinking the disgruntled gossipers are maintaining their own website, they would be pro- hibited from designing it in such a way that it is the association’s official website. Further, those using similar names or de- expressed here are not those of the Board & continued on page 10 QUESTIONS & ANSWERS