Legal Opinion: Cease and Desist

[Sybertiger]

I believe if you are still the registered owner of the domain (listed in the whois for contact info and registrant, your name, your email, your address), you can do what you want with it. If the ownership was transferred to them, things change and probably SOL.

Yeah, that's the thing I'm not sure about. If giving them admin privileges is "ownership transference" since I can't login to see who is listed as owner. Maybe my name is still on it and they simply changed the contact info, billing, admin info.

 

[OICU2]

Something also interesting to note. The financial info they are terrified about me posting on my new website was already in the public domain. When I registered the SillyPeople.org website in 2012 then created content the Board agreed to make public the very financial info the new Board is attempting to block. That's right, every single one of those financial statements (approved annual budget) and the end of year balance sheet were posted in the public domain on that website. There was no attempt to prevent the public from accessing it and downloading it. Further, there was never any statement on the website that stated the info could not be downloaded. Seems to be "the bell was rung" and I don't think they can un-ring the bell since it was in the public domain since 2012 and annual info continued to be posted there every year. In fact, after I left the Board the info continue to remain available for many months. I probably should respond to the HOA attorney to advise him the info was already in the public domain and they cannot retrieve any rights to exclusivity.

Use the way back machine at archive.org to lookup the other site, take screenshots and or print out to prove that it was public info at that time.

 

[The Automation Guy]

If you don't mind me asking, what expenses does the HOA have? You said there are no amenities, so I would guess some of it goes to a lawn company to maintain HOA grounds. Perhaps a tax bill to the county/state? Anything else?

Our HOA dues went up this year, but primarily due to a huge increase in the pool management contract cost. Deferred maintenance costs can always come back and bite an organization as well, but without amenities to be maintaining it's hard to understand were the funds could be going.

 

[OICU2]

Yeah, that's the thing I'm not sure about. If giving them admin privileges is "ownership transference" since I can't login to see who is listed as owner. Maybe my name is still on it and they simply changed the contact info, billing, admin info.

A transfer would need to be approved by the owner (presumably you) at the email address that was used to register it. Just giving them the password and info for the account is not a transfer.

 

[Sybertiger]

If you don't mind me asking, what expenses does the HOA have? You said there are no amenities, so I would guess some of it goes to a lawn company to maintain HOA grounds. Perhaps a tax bill to the county/state? Anything else?

Our HOA dues went up this year, but primarily due to a huge increase in the pool management contract cost. Deferred maintenance costs can always come back and bite an organization as well, but without amenities to be maintaining it's hard to understand were the funds could be going.

It's 127 homes spread between two communities (colloquially called Greens and Oaks) that are not physically connected by a road just a walking path. Essentially it's a community on a corner tract of land so Greens has an entrance on one road and Oaks has an entrance on another road. Therefore, we have two entrances to maintain (smallish) plus several scattered common areas that are just grass/trees. We have a creek that runs between the two communities so common areas there (very small mow area). No retention ponds, no playground, no pool, no nothing. Lawn maintenance is really the only contractor. So, we pay for that plus management company, insurance, typical clerical/office mailings, water, electric, rent on street lights. We do however privately own the roads (not a gated community) therefore the $11K per year we save is important because one day we will need to repave the roads again. No taxes. This is why we operated for 10 straight years for under $30K per year. So when the new Board says they need to spend $60K this year the homeowners are like....WTF.

 

[The Automation Guy]

Sounds like it is going to be an interesting meeting. I'd certainly want to know were the funds are going.

Road maintenance/replacement is certainly going to be a huge expense one day, but it sounds like you were doing the right thing by trying to save 11k/yr towards that expense. Still, they may have gotten some bids on future work and discovered they aren't saving enough to cover it.

 

[SpacemanSpiff]

Something to consider regarding the website and the 'concerns' of public viewing. If push comes to shove, simply password the site and send the web address and login information to every member of the community via postal and electronic mail. In fact send it every month to ensure folks know how/where to view the information, and to piss off the HOA (but not in that order).

 

[Sybertiger]

Something to consider regarding the website and the 'concerns' of public viewing. If push comes to shove, simply password the site and send the web address and login information to every member of the community via postal and electronic mail. In fact send it every month to ensure folks know how/where to view the information, and to piss off the HOA (but not in that order).

It's easier than that I believe. But, it's my site and if I want people to have easy access like people considering purchasing a home on the community then I'd like it public. It would be funny to not grant access to Board members.

 

[fenderman]

Curious to know the method or statement to assert my rights to the artwork I created? Is it simply to respond to the noted attorney on the C&D letter stating that I am the artist who created the logo. Further, that I was never commissioned to do the work by the HOA and have never assigned ownership to the HOA either in writing for verbally?

Exactly. Let him make the argument as to why he believes that he now owns something you created.

 

[fenderman]

It's 127 homes spread between two communities (colloquially called Greens and Oaks) that are not physically connected by a road just a walking path. Essentially it's a community on a corner tract of land so Greens has an entrance on one road and Oaks has an entrance on another road. Therefore, we have two entrances to maintain (smallish) plus several scattered common areas that are just grass/trees. We have a creek that runs between the two communities so common areas there (very small mow area). No retention ponds, no playground, no pool, no nothing. Lawn maintenance is really the only contractor. So, we pay for that plus management company, insurance, typical clerical/office mailings, water, electric, rent on street lights. We do however privately own the roads (not a gated community) therefore the $11K per year we save is important because one day we will need to repave the roads again. No taxes. This is why we operated for 10 straight years for under $30K per year. So when the new Board says they need to spend $60K this year the homeowners are like....WTF.

This stinks. Someone is stealing from all of you.

 

[Sybertiger]

As far as the Special Members Meeting to approve increasing our dues because our clown HOA Board doesn't know how to do financial management or negotiate contracts.....they could not get quorum to establish the meeting.

I like to think my email had something to do with that.

 

[Sybertiger]

Wow, I just learn one of my neighbors down the road received a Cease & Desist letter initiated by our HOA. Her crime? She posted on someone's FaceBook page "Hey, have you all see the website SillyPeople.net" which is the website I created. The FaceBook page was created by yet another homeowner a long time ago for the community so people could share info about our community and it's called SillyPeople Community. Recall, I'm substituting the name "SillyPeople" in place of my HOA's real name. So, my neighbor who received the C&S letter was advised she must stop referencing my website on her FB page (again, a different homeowner created that FB page). You talk about out of control HOA trying to quash First Amendment free speech. This is exactly why so many HOAs deserve their shitty reputations.

 

[fenderman]

Wow, I just learn one of my neighbors down the road received a Cease & Desist letter initiated by our HOA. Her crime? She posted on someone's FaceBook page "Hey, have you all see the website SillyPeople.net" which is the website I created. The FaceBook page was created by yet another homeowner a long time ago for the community so people could share info about our community and it's called SillyPeople Community. Recall, I'm substituting the name "SillyPeople" in place of my HOA's real name. So, my neighbor who received the C&S letter was advised she must stop referencing my website on her FB page (again, a different homeowner created that FB page). You talk about out of control HOA trying to quash First Amendment free speech. This is exactly why so many HOAs deserve their shitty reputations.

This is great. You are getting to them. She needs to send them a fuck off letter.

 

[spammenotinoz]

This can go in so many ways, but it's often not about the legal aspect, but who has the most cash\appetite for a legal battle.
Absolutely anyone with $ can make a suite about anything, very common where companies have a standing legal team. Doesn't mean they are legally right, even if you defend doesn't mean you will be awarded your costs back.

While appropriate in the past, privacy regulations have changed. Even if documents\content is already on the internet, if you post today or host you are liable for the implications. Sensitive items include but are not limited to, Full Names, Address, email addresses, Phone Numbers and anything financial. While the financial information should be known to home owners, this does not entitle it to be made public, accessible toothers.

Great care is required posting anything to the internet that contains personally identifiable information.

 

[fenderman]

While appropriate in the past, privacy regulations have changed. Even if documents\content is already on the internet, if you post today or host you are liable for the implications. Sensitive items include but are not limited to, Full Names, Address, email addresses, Phone Numbers and anything financial. While the financial information should be known to home owners, this does not entitle it to be made public, accessible toothers.

In the US none of this information is protected. Anyone can post this info about anyone else with zero issues.

 

[spammenotinoz]

In the US none of this information is protected. Anyone can post this info about anyone else with zero issues.

The US has numerous laws relating to data privacy and data security laws with variance amongst states. Federal laws that are considered data privacy laws include:

• Gramm-Leach-Bliley Act (GLBA)
• Fair Credit Reporting Act (FCRA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Family Educational Rights and Privacy Act (FERPA)
• Children’s Online Privacy Protection Act (COPPA)1

The US state attorneys general supervises the data governance regulations, and data breach notification.


Are the laws widely enforced? No
Does the US have Data Privacy Laws: Absolutely, I only listed the key federal ones.
Do they apply here: Unlikely, although the Family and Childrens Rights are quite broad.
Regardless of the laws, can you still be taken to court: Yes

I also forgot, being in Florida the Florida Information Protection Act (FIPA) will also apply to the HOA that is why they are scared. Need a law expert to advise if OP is liable, but the data itself would be covered by FIPA.

 

[fenderman]

The US has numerous laws relating to data privacy and data security laws with variance amongst states. Federal laws that are considered data privacy laws include:

• Gramm-Leach-Bliley Act (GLBA)
• Fair Credit Reporting Act (FCRA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Family Educational Rights and Privacy Act (FERPA)
• Children’s Online Privacy Protection Act (COPPA)1

The US state attorneys general supervises the data governance regulations, and data breach notification.


Are the laws widely enforced? No
Does the US have Data Privacy Laws: Absolutely, I only listed the key federal ones.
Do they apply here: Unlikely, although the Family and Childrens Rights are quite broad.
Regardless of the laws, can you still be taken to court: Yes

Did you bother to read any of the statutes you have cited? You have not. Otherwise it would be obvious to you that none of these laws remotely apply to the situation at hand. None. Basic reading comprehension is all that is required to understand that. Its easy to cite to statutes without understanding them. Its like going to webMD to diagnose yourself.

Cite me a statute that prohibits me from posting the following information about you: "Full Names, Address, email addresses, Phone Numbers and anything financial"

 

[wittaj]

The US has numerous laws relating to data privacy and data security laws with variance amongst states. Federal laws that are considered data privacy laws include:

• Gramm-Leach-Bliley Act (GLBA)
• Fair Credit Reporting Act (FCRA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Family Educational Rights and Privacy Act (FERPA)
• Children’s Online Privacy Protection Act (COPPA)1

The US state attorneys general supervises the data governance regulations, and data breach notification.


Are the laws widely enforced? No
Does the US have Data Privacy Laws: Absolutely, I only listed the key federal ones.
Do they apply here: Unlikely, although the Family and Childrens Rights are quite broad.
Regardless of the laws, can you still be taken to court: Yes

You totally do not understand those acts you cited. None of those acts deal with publishing names, addresses, phone numbers, financial information that is legally and readily available on GOVERNMENT sites. Why would the government make that information available on their websites if it were illegal to publish...and for those that don't want to spend the time to do that research, there are plenty of websites for a small fee that can provide you that information legally.

• Gramm deals with banks not publicly disclosing your financial information, yet things like mortgages are public record.
• Fair Credit Reporting Act deals with ensuring the consumer has access to their credit report that banks and others use to determine your ability to take out loans.
• HIPPA deals with medical professionals keeping your health records confidential.
• FERPA deals with the rights that students have regarding what their parents can have access to.
• Children's Online Privacy act deals with sites like this not allowing those under 13 to have an account.

None of those cover providing names, addresses and contact info that is legally obtained. Granted a hospital won't be in the business of providing that retracted info, but there are legit legal businesses that can provide that basic information like name, address and contact info.

 

[CCTVCam]

I know nothing of HOA' s but can't see how they can legally hide their financials.

Can't you make a Freedom of Information request (don't know how this works or what it covers in the US)?

Faiing that, isn't there a body you can report the HOA to in the USA that will investigate the financials for you eg Better Business Bureau or some other body, on the grounds that you suspect malfeasance due to the massive increase in spending and a refusal to issue a breakdown of spending?

In the UK sometimes apartments have management companies and I'm pretty sure by law, they have to publish a full breakdown of their financials to all residents yearly.