SETTING UP A BODY CORPORATE FACEBOOK PAGE

Clear and skillful communication can nurture healthy relationships and resolve disputes. A Facebook page can be a useful tool for communication in a body corporate, but it must be carefully managed to avoid misinformation, privacy breaches and disputes. It should not replace official notice processes, and clear guidelines must be established to maintain order.

Below, we outline the key pros and cons to help you determine whether a Facebook page is the right tool for communication in your body corporate.

Pros of a Facebook page

Improved communication and engagement

A Facebook page can provide a quick and convenient way to share information with owners and residents. Updates on meetings, maintenance works, upcoming projects, or general reminders, can be posted in real time. This can improve engagement and awareness, especially among owners and residents who may not check emails regularly.

Community building

A Facebook page can create a sense of community, allowing owners and residents to engage with each other, ask questions and share concerns. This can be particularly beneficial for fostering cooperation and goodwill within the complex.

Cost-effective and accessible

Unlike formal notice distribution methods, Facebook is free to use. Most people already have an account and are familiar with the platform, making it an accessible tool for reaching owners and residents.

Transparency

Posting updates about decisions, maintenance schedules and other relevant matters can help ensure transparency. Owners who are unable to attend meetings can stay informed about discussions and actions taken by the committee before minutes are issued.

Cons of a Facebook page

Risk of misinformation and disputes

Facebook pages can be a breeding ground for misinformation. If posts or comments contain incorrect information about body corporate matters, this can lead to confusion, unnecessary disputes and even legal risks. Owners may also misinterpret casual discussions as official body corporate decisions.

Privacy and confidentiality concerns

Bodies corporate deal with sensitive issues, such as by-law breaches, levy payments and disputes between owners and residents. If these matters are discussed publicly on Facebook, it could result in privacy breaches or defamation claims. Committee members should also be mindful not to disclose personal or confidential information.

No legal standing for notices

Official notices and correspondence must be issued through proper channels, such as email, letters, or official portals, in accordance with the Body Corporate and Community Management Act 1997. A Facebook page does not replace legal requirements for serving notices, meaning all owners must still rely on official communication methods.

Difficulty in moderation

A Facebook page requires active moderation to ensure discussions remain respectful and compliant with body corporate rules. If disputes between owners arise in the comments section, this could escalate tensions and lead to unnecessary conflicts.

Without proper moderation, the page could become a source of division rather than a helpful tool. Committee members are also transient, which could lead to regular changes in moderators.

Liability risks for committee members

If a Facebook page is run by committee members, they may become responsible for what is posted, even by other owners. This can create legal risks, particularly if defamatory, misleading or offensive content is shared. If a committee member is acting as an administrator, they should ensure clear guidelines are in place and consider whether additional legal protections are needed.

Best practices

If the body corporate decides to establish a Facebook page, consider the following safeguards:

1. Private group over public page: A private group with admin approval for members can help control who joins and what is posted.
2. Clear rules and guidelines: Set rules about acceptable discussions and ban personal attacks, misinformation and confidential matters.
3. Moderation plan: Assign at least two moderators (ideally committee members) to oversee discussions and remove inappropriate posts.
4. Clarify it’s not an official notice board: The page should clearly state that official body corporate matters will still be communicated through formal channels.

Summary

A Facebook page can improve communication and community engagement in a body corporate, offering real-time updates and transparency. However, it must be carefully managed to avoid misinformation, privacy issues and legal risks. While cost-effective and accessible, Facebook cannot replace official notice channels and disputes may arise if not properly moderated. If used, a private group with clear guidelines, active moderation and continued use of formal communication methods for legal matters is recommended to ensure success.

Article Contributed by Jarad Maher, Partner, and Brendan Pitman, Partner, Grace Lawyers

If your body corporate requires legal guidance regarding defamatory comments, privacy violations or breach of official notice requirements in relation to your Facebook page, call our Queensland team on 1300 144 436.