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I am making a homeowners association informational website where residents can go look up bi-laws and information about the community and how they can contact a board member or ask questions etc. I was elected secretay and graduated college with a degree that allows me to make sites. Our board agreed (including our management representative) that we wanted a site, free, because our budget is low. Its strictly a site to find community information, we are not profiting off it. I've worked weeks on the site and now the president called me and said she doesnt want to put the site up because we can get sued by the information we put up. Does she have a point? All the information I am putting up is coming from our management company and I have a disclaimer up. I just want to know if she has a good argument. Ive worked over a month on the site and really don't want to waste all that work.

2007-11-07 03:30:20 · 4 answers · asked by JustForFun101 3 in Politics & Government Law & Ethics

4 answers

You can sue a peanut butter sandwich if you wanted to. Everybody gets their day in court if they feel wronged.

Funny thing is you probably can get sued for not having a web site up as well.

Your liability insurance covers you either way.

2007-11-07 03:36:18 · answer #1 · answered by Dr Jello 7 · 0 0

Any person in the USA can sue any other person or organization provided they can find legal representation to do the case. They do not need legitimate reasons to do so.

What we cannot sue is a web site or some other inanimate object. We can only sue the person or organization that owns the inanimate object.

You need to have you and the President go back to the Directors of the Association to decide what to do about this situation.

The President does not want the web site. Her reasons do not matter. The bottom line is that she does not want it done.

You want the web site. Your reasons do not matter. In other words ... there was a decision by the organization to do this. You spent an enormous amount of time on it. it makes a lot of sense. However, the bottom line is that you want to do it, believe you were authorized to do it.

The quesiton is whether the President has the authority to order you to stop, and even if not, can you continue to function in an organization where this kind of caprciousness can occur.

Does the association have a lawyer?

Perhaps you should get the advice of that lawyer at the meeting of the association to be held to decide whether to agree with the President, or to continue with the plans.

Now, in the absense of a web site, how do you interact with your membership?

Suppose someone comes to you in person and asks a question.
* I cannot answer you because the President thinks that if I tell you anything, we can be sued ... you will have to go ask the President your question.

Suppose there is something in the snail mail to the organization.
* You ignore the mail, do not reply, because the President thinks that if you say anything in reply, the organization can be sued.

Is the organization incorporated?
Does the President understand what incorporation means from perspective of protecting the individual members from law suits?

Is the organization insured?
Does the insurance cover lawsuits?

2007-11-07 11:42:08 · answer #2 · answered by Al Mac Wheel 7 · 0 0

I am sure the Association has an attorney on retainer. Ask him or her or advice on what can and can't be on the web site.

As a web developer and a product manager for web companies, I would think for this type of site, the attorney should sign off on all posted material anyway, and should make sure nothing necessary is omitted.

2007-11-07 11:58:41 · answer #3 · answered by Barry C 7 · 0 0

You can't be sued if the information provided is true and factual. Why could you be sued for that? I think it's a little paranoia (rightfully so these days) on your president's part.

2007-11-07 11:35:40 · answer #4 · answered by MauriceChavez 3 · 1 0

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