Social Media Etiquette & HOAs

Social media has transformed the way people communicate within residential
estates. WhatsApp groups, Facebook pages and community forums have become
invaluable platforms for sharing information, raising concerns and building stronger
communities. Unfortunately, they can also become vehicles for personal attacks,
misinformation and reputational harm.

The recent case of Manor Estates Homeowners’ Association NPC and Others v
Pranpath, heard in the KwaZulu-Natal Division of the High Court, has sent a clear message to homeowners: freedom of expression does not extend to making false
and defamatory allegations against a Homeowners’ Association (HOA), its directors or its management.

The matter arose after a homeowner embarked on a prolonged campaign of
publishing statements on WhatsApp, Facebook and other public platforms accusing
the HOA and its directors of being corrupt, dishonest and unethical. He also alleged that the Estate was unlawfully managed and suggested that prospective purchasers should avoid investing in it.

The homeowner argued that many of the comments had been posted in a private
WhatsApp group and therefore should not constitute publication. The Court firmly
rejected this argument. It held that messages circulated in a WhatsApp group are
indeed published once they are communicated to other members of the group. A “private” group does not provide immunity from the law of defamation.

Importantly, the Court distinguished between legitimate criticism and defamatory
conduct. Every homeowner is entitled to question decisions of the board, challenge
financial management, request information and even criticise governance where
justified. Healthy debate is an essential part of community living.

The Court granted a final interdict prohibiting the homeowner from making further
defamatory statements and ordered him to pay the HOA’s legal costs on the punitive attorney and client scale.

The judgment serves as an important reminder that trustees and directors are not
beyond criticism, but criticism must be responsible, factual and made through appropriate channels. Homeowners who genuinely believe that an association has
acted improperly have several lawful avenues available, including raising concerns
with the board, requesting access to records where entitled, approaching the
Community Schemes Ombud Service or, where appropriate, seeking relief from the
Courts.

Living in an HOA requires mutual respect, accountability and constructive engagement. Before pressing “send” on a WhatsApp message or social media post, every resident should pause and ask a simple question: Is what I am about to publish true, fair and supported by evidence? If the answer is no, the consequences may extend far beyond the next group chat.

Words by: Marina Constas

Email: marina@bbmlaw.co.za

Bio: MARINA is a specialist sectional title attorney and a director at BBM Law. Marina is the co-author of the best-selling book, Demystifying Sectional Title, which is the definitive guide for anyone living, buying or leasing property in a Sectional Title complex.