Usually, don't argue in the comment thread. Save screenshots, tell the board, and if facts need correcting, post one calm, factual statement through the association's own channels. In a Florida condominium, the association may not fine an owner, or bring or threaten a defamation action, because the owner in good faith publicly criticized how the association is run (§ 718.1224(3), Fla. Stat.). Whether a post crosses a legal line, and whether to send any letter about it, is counsel's call.
In the moment: what to do
- Don't reply from the hip. A defensive comment doubles the audience. Wait a day.
- Preserve the post. Take dated screenshots of the post and comments, URL visible. Posts get edited and deleted.
- Hear it. Read for the concern under the anger. "The board is hiding the money" often means "I don't understand my assessment."
- Name it. Name the concern, not the poster: "Several owners have asked about the roof assessment."
- State it. If facts need correcting, issue one short, board-approved statement through the association's website, email list or newsletter. Point to documents.
- Next step. Invite questions through an official channel: a written question to the manager, or owner comments at the next board meeting.
- Keep directors out of the fight. A director posting personally should say so and stay factual.
- Call counsel before any letter. A cease-and-desist letter, a demand to remove a post, or any threat of legal action is counsel's decision.
Steps 3 to 6 are the pillar's Hear, Name, State, Next. Online, "State" happens once, in your own channel.
What to say
When an owner raises the post with you directly
- "I saw the post. It sounds like you're worried about how the assessment money is being spent."
- "That's a fair question. The board's answer is in the [DATE] update; I'll send the link."
When a director asks whether to reply
- "Let's not answer in the thread. A short update from the board will reach more owners."
- "If you post personally, say it's your own view, and don't discuss other owners."
- "Please don't argue it out with other directors in the comments. Let's put it on the next agenda."
- "Let's answer the question behind the post, not the tone of it."
When someone asks the manager to "make it stop"
- "Whether the association can do anything about the post is a question for counsel. I'll save copies for them."
Holding the line kindly (fogging)
- "You may be right that we could have explained the assessment sooner. Here's the explanation now."
What to write afterward
Use this as a board update on the association's own channel. It doesn't name the poster. It is not a statutory notice; use counsel's approved form for any notice.
Subject: Information about [TOPIC]
Dear Owners,
The Board has heard owners' questions about [TOPIC], including in online groups. We want everyone to have accurate information directly from the association.
Here are the facts:
- [FACT 1, e.g., "The Board approved the roof replacement contract at its noticed meeting on DATE."]
- [FACT 2, e.g., "The engineer's report and the contract are official records available for inspection on written request."]
- [FACT 3, e.g., "The next payment is due on DATE."]
The association's official channels for information are [WEBSITE / EMAIL LIST / NEWSLETTER]. Online community groups are not run by the association, and the Board does not respond to posts there.
If you have questions, please send them in writing to [MANAGER NAME] at [EMAIL ADDRESS]. You will receive a response within [NUMBER] business days. You are also welcome to attend the next board meeting on [DATE] and speak on agenda items.
Thank you for your interest in our community.
On behalf of the Board of Directors,
[MANAGER NAME], CAM
[MANAGEMENT COMPANY]
[ASSOCIATION NAME]
What Florida law allows (and doesn't)
- Condos: no retaliation for good-faith criticism. A condominium association may not fine an owner, discriminatorily increase assessments, discriminatorily decrease services, or bring or threaten a civil action, including a defamation, libel, slander or tortious interference action, because the owner in good faith made public statements critical of the operation or management of the association (§ 718.1224(3)). It doesn't cover statements made for improper purposes such as harassment. Whether a post qualifies is for counsel.
- HOAs and co-ops: this page doesn't rely on a parallel statute. Have counsel review any action before the association takes it.
- Directors and quorums. Directors may use e-mail to communicate but may not vote by e-mail (§ 718.112(2)(c); § 720.303(2)(a); § 719.106(1)(c)). In an HOA, a board meeting occurs whenever a quorum gathers to conduct association business (§ 720.303(2)(a)). A quorum debating association business in a comment thread can look like an unnoticed meeting. See directors deciding by email or text.
- Private information stays private. Many records aren't accessible even to owners, including personnel and medical records and most personal identifying information (§ 718.111(12)(c)5.; § 720.303(5)(g); § 719.104(2)(c)). Never post another owner's balance, violations or personal details.
- Your own posts may be records. Written records related to the association's operation may be official records (§ 718.111(12)(a); § 720.303(4); § 719.104(2)(a)).
- Whether the association can regulate an owner's speech at all, through rules, group moderation or a letter, is a legal question for counsel.
Instead of… / Try…
| Instead of… | Try… | Why |
|---|---|---|
| Replying in the thread: "That's a lie." | One factual board update on the association's channel. | Arguing online spreads the post. |
| "We'll sue you for defamation." | Say nothing; send screenshots to counsel. | In a condo, the statute bars threatening defamation suits over good-faith criticism (§ 718.1224(3)). |
| "He's six months behind on his assessments." | Leave it out. | Other owners' information stays private. |
| Three directors debating in the comments | "Let's put this on the next agenda." | A quorum discussing business online can look like an unnoticed meeting. |
| "The board can't comment." | "Here are the facts, and here's where to ask questions." | Silence in your own channel looks like hiding. |
Copy this prompt into your AI tool
I manage a Florida [condominium / HOA / cooperative] association. An owner has posted on [PLATFORM] that [NEUTRAL SUMMARY OF THE CLAIMS]. Draft a short update from the Board to all owners, to be sent through the association's own [website / email list]. Do not name or reply to the poster. Structure it as Hear, Name, State, Next: acknowledge that owners have questions about [TOPIC]; state these approved facts only: [FACTS]; name the association's official channels; give a contact for written questions and the next board meeting date. Use BIFF: brief, informative, friendly, firm. No admissions, no promises the Board hasn't approved, no legal conclusions, and no words like "defamatory," "lies" or "slander." Do not mention any owner's balance, violations or personal information. Mark anything that needs the Board's or counsel's decision as [CHECK]. Under 220 words.
Before pasting, remove names, unit numbers, balances, medical details, privileged material and the text of the post itself.
Manager or lawyer?
Usually manager work (ministerial)
- Taking and filing dated screenshots
- Drafting a factual board update for the board to approve
Call association counsel when…
- Anyone wants to send a cease-and-desist letter, demand a post be removed, or mention defamation
- The board wants to fine, suspend or otherwise act against the poster
- The board wants rules on owner posts or moderation of an association-run group
- The post discloses private owner information or makes threats
Deciding whether a statement is protected, or whether speech may be limited, is legal judgment. See The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015), and our Manager or lawyer? guide.
Frequently asked questions
Should the board respond to a Facebook post attacking it?
Usually not in the thread. Post one short, factual update through the association's own channels and invite written questions.
Can the HOA or condo association sue an owner for defamation over a post?
That is a decision only counsel should make. In a condominium, the association may not bring or threaten a defamation action because an owner in good faith publicly criticized its operation or management (§ 718.1224(3), Fla. Stat.).
Can a board member reply personally?
Yes, as an individual, saying it's a personal view, staying factual and leaving out other owners' information. Directors shouldn't debate association business with each other online.
Can we make the owner take the post down?
Not on your own authority. Whether the association can ask for removal, or regulate owner posts at all, is for counsel.
What should we save?
Dated screenshots of the post, comments and edits, with the URL, plus anything directors posted in reply. Use the record preservation checklist and send copies to counsel.
Related resources
- Dealing with difficult owners and heated meetings
- Directors deciding by email or text
- Community communications for boards
- An owner says "my lawyer will be in touch"
- Setting boundaries with an abusive owner
- Litigation hold and record preservation
- Record preservation checklist
Talk to association counsel
Before anyone threatens legal action or asks for a post to come down, a short call can keep a bad week from becoming a lawsuit. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page.
Statutes and authorities referenced
- § 718.1224(3), Fla. Stat. (condominium association may not fine, or bring or threaten a defamation, libel, slander or tortious interference action, because an owner in good faith made public statements critical of its operation or management)
- § 718.112(2)(c), Fla. Stat. (condominium board meetings open when a quorum is present; e-mail communication, no e-mail voting)
- § 720.303(2)(a), Fla. Stat. (HOA board meeting occurs whenever a quorum gathers to conduct association business; no e-mail voting)
- § 719.106(1)(c), Fla. Stat. (cooperative board meetings open when a quorum is present; no e-mail voting)
- § 718.111(12)(c)5., Fla. Stat.; § 720.303(5)(g), Fla. Stat.; § 719.104(2)(c), Fla. Stat. (records not accessible to owners)
- § 718.111(12)(a), Fla. Stat.; § 720.303(4), Fla. Stat.; § 719.104(2)(a), Fla. Stat. (official records)