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Social Media and Misinformation in the Community
By: Vinay B. Patel and Kristen Pierce
With the rise in use of social media, our beloved HOAs are faced with the ramifications, both positive and negative, that social media can cause within the community. Many boards and management companies are faced with difficult decisions on how to address social media issues, particularly with misinformation. Social media use in HOAs can be beneficial as a way to share HOA information. Social media can also be a great way to gauge engagement and the thoughts of the community through polling features. Yet, we have all experienced the dark side of social media. . . .
Misinformation on Social Media Can Create Legal Risks of Misinformation.
Potential legal risk from misinformation can take many forms and can be spread among multiple legal practice areas, such as lawsuits pertaining to defamation, harassment, interference with business relations or interference with the business of the HOA, and most notably, administratively via the Fair Housing Act and with the U.S. Department of Housing and Urban Development. The legal risk of misinformation and the failure of the board to take steps to either prevent or mitigate the misinformation can result in both increased costs and negative results for the HOA. Further, the spread of misinformation, or at least perceived misinformation, has the potential for long-lasting implications for the HOA, such as the potential for decreased trust in the HOA, loss of goodwill, and fear amongst residents that they may too be the victims of viral misinformation spread throughout the community. The HOA must, in today’s social and legal climates, develop risk-mitigation strategies.
Strategies and Best Practices to Managing Misinformation.
Misinformation on social media is not an “if” it will happen, but “when” it will happen. The moment a homeowner is unhappy with the HOA, they will most likely turn to social media with either inaccurate or incomplete information to gain online “support”. Boards need to be ready to address misinformation on social media because if the board does not address the misinformation promptly, it can result in distrust, heighten difficult or high-stress situations, and require legal intervention. Understandably so, boards may be impulsively keen to address the misinformation and quickly run to the defense of themselves or others. Holding a position as an HOA board member means that the individual is a director of a non-profit corporation. Nothing is personal because an HOA is a business and a board member does need not attend every argument they are invited to (or perhaps tagged in). This is not to say that the board must sit back and do nothing if they perceive misinformation via social media, however, certain strategies and best practices that the board should use to combat the spread of misinformation.
Stock Responses. While the instinct to defend the HOA’s actions on social media may seem like a good decision at the time, it typically leads to additional problems. As most high school students learn the hard way, anything that is said or published on the Internet can be screenshotted and sent around the world. In the context of HOAs, these screenshots can be included as Exhibit “A” in any lawsuit. Instead of defending themselves on social media, a helpful strategy is a stock response to any perceived misinformation. Such a response should note that the information may be inaccurate and should guide the homeowners to the official channel of the HOA. Preparing a stock response should any misinformation arise, is a great way for the HOA to be responsible to the community but also professional in their capacity as a director of a non-profit corporation.
Establish Official Channels. Establishing an official HOA communication channel and notifying members to trust it as the most accurate information on HOA issues will be vital to addressing any unofficial or rogue pages.
Adopt Social Media Policies. Adopting a social media policy is a great way for the HOA to solidify their official channel of communication and to hold all stakeholders accountable for their actions. Such accountability may include the removal of access, the removal of posts or comments, and violation fines for repeated offenses. The policy should also include a standard guideline for communication etiquette. This etiquette should be strictly followed by the HOA to set an example for the community on how best to engage on social media.
Maintain Regular Communication with the Members. The HOA should establish regular communications with the members which can include: (1) active engagement on social media, such as reminders, (2) attend social events, and (3) address inquiries in a timely manner. Maintaining regular communications with the members helps build trust between the HOA and the homeowners and can increase engagement within the community.
Conclusion.
With today’s digital climate, social media can strengthen the feeling of community and togetherness or strain the relationship between the HOA and the homeowners, thus creating an “us versus them” mentality. While social media can offer convenience as to the communication and engagement, it can also cause deep rifts within the community. By understanding the value in social media and utilizing it effectively and responsibly, HOAs can mitigate the risk of social media through the use of stock responses, established official channels, and social media policies which can promote transparency amongst the stakeholders. Responsible use of social media is vital to utilizing it effectively and mitigating risk.
Remember, post like it will be read at the next board meeting – because it just might!
Vinay B. Patel and Kristen Pierce are attorneys with Henry Oddo Austin & Fletcher, P.C., with a focus on Property Owners Association law. This article is made available by the attorneys and/or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law; it is not being made available to provide specific legal advice. By using this website and/or article, you understand that there is no attorney-client relationship between you and the law firm publisher or attorney authors. This website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Any references to particular sets of events are meant for illustration purposes only and do not constitute opinions, comments, or advice about any specific case whether pending, resolved, anticipated, actual, or partially constructed from actual cases. The authors express that they are not bound to any particular legal opinion or future professional judgment or decision on the basis of this article.
Mar 26, 2026
