The One HOA Policy You Must Have (But Probably Don’t)

Lamplight Village. Lava Bluff. Auburn Greens.

If those names don’t sound familiar to you, this one surely will: Champlain Towers South.

The unfortunate thing these communities all share is negative press. Now admittedly, for these specific examples, it was earned. Lamplight Village and Champlain Towers South were both avoidable tragedies caused by deferred maintenance. Auburn Greens overstepped their authority and created ridiculous rules. Lava Bluff, well, that’s just out and out fraud.

And if you’re like most board members, you look at those examples and think, “that would never happen to us. I follow the rules, I don’t play favorites, I know what I’m doing.” And chances are, you’re probably right.

But every board member in each of those communities probably had the same thought (except the guy embezzling money, of course).

The reality is, even if you and your fellow trustees do everything right, there is always a possibility that something will go wrong. In those unprecedented times, when the city, state, country, world are watching you through the lens of their TV screens, it’s important that your HOA have a Media Policy to help you navigate the complicated world of press relations.

What is “Media”?

Today, many people who hear the word “media” immediately assume “social” goes in front of it. In this case, that isn’t necessarily true. Media policies can include social media, but a social media policy isn’t going to help you in the face of a media-ogled disaster.

The “media” in Media Policy means the press, and any press relations that may need to be handled. When misfortune strikes, the news vans roll in and they poke and prod until they get a quote to stick in the next news segment. Those quotes, no matter how sincere or truthful, can always be misconstrued and taken out of context, leaving the community looking foolish, or worse, malicious. 

And remember that “press” can mean the aggressive paparazzi you see on TV, sure. But it can also be the polite journalist, “just looking to get the full story” who sends you a nice email expressing their sympathy. No matter who contacts you about whatever news-worthy situation your community finds itself in, use your HOA Media Policy (along with the support of your management company) to guide your actions.

Here is What Your HOA Policy Should Include

HOA policies are written by the board of directors with assistance from the management company. Though we are certainly not giving legal advice, we are recommending that you discuss these three important concepts with your Management Company representative to consider adding them to your existing HOA Media Policy, or using them as a foundation to create one:

• Direct all requested communication to flow through your association management company and legal representative(s). Channel every Law and Order perp walk moment you’ve ever watched and say, “no comment.” Board members should avoid making comments to the press, even if they are not within the scope of their board member responsibilities (aka you’re milling about the grocery store and someone ambushes you in the frozen pizza aisle). Those comments can (and have been) presented as representative of the community, and that can be a dangerous line to walk legally. Your first call should always be us! We’ll help assess next steps and discuss whether input from your legal counsel may be needed. 
• In the event that your association’s management company has already produced a statement or report, news / media organizations may be referred back to that statement or report. Doubling down, the less that is said, the better your community will be. If your management company or attorney has put out a statement on behalf of the community, simply refer any questions back to that statement. Don’t try to repeat it from memory and risk changing the messaging (unless, of course, that statement is again, “no comment,”) and instead explain that a statement has already been produced and your community stands behind it.
• Board members should not act as an informational source for news / media organizations. Confidential informants make for amazing television–not so much for good business, though. Regardless of the situation, board members acting as a source of information for the press can be troublesome for many reasons, and should be avoided at all costs. This is not to say that board members should hide or be complicit in criminal activity. Any suspicion of fraud or embezzlement, for example, should be reported to the appropriate authorities and your management company–not to the press.

Navigating HOA Policy Creation and Management

Every HOA should have a handful of policies that guide the board to act in the best interests of the community. If your HOA is missing this policy, or wants to assess the current policies in effect, your first call should be to us! We’ll work with you to assess whether input from your legal counsel is needed, as well as provide you with the tools and resources to help your community to be successful long-term.

At HOA Strategies, we may not offer legal advice, but we can help your HOA strategically create and implement the policies. Contact us today to get a free strategic evaluation of your community association. We’ll give you advice on your HOA policies and discuss whether our team of experts is a good fit for your community.