Topic: Posting photos of residents online?

Do you have a policy or guidelines for posting photos of residents to your website/blog/Facebook page?

For instance, lots of wonderful community's Facebook pages feature photos of residents doing activities at the property. What things are you considering?

-No minors
-Fair Housing
-Do you need a release (permission)?

Some say that posting photos that are taken at public places are ok.

Your thoughts?

Dear Jackie,

I would say that anytime that you are going to use your personal posterchilds(residents)for media related purposes, a good rule of thumb is "CYA." This can happen in a few ways such as , consent forms that will allow you to place their photo on the website.For example, the Arm Forces prohibits any soldier to have a facebook account or be placed on any social media related links.Therefore, placing that person on your website can cause a great deal of backlash. So it may be better to just use photo stock pictures.

Likewise, in the bigger scheme of things we must look at Fair Housing. We would not want any unwarranted claims that you have tried to discriminate against any of the "Big Seven." I would personally consult your company attorney, and ask what is in your best interest. I wouldn't go "Rambo" on something like this.

Live, Give, and Be Greatness,

Jordan Sneed, NALP
"The Leaseup Kid"

All of us face this question and concern...I have gotten opinions of attorneys, many property management professionals, etc. No matter what anyone says, get permission in writing. We live in such litigious times that it is a necessity to protect yourself. Worst scenarios could be: a person trying to hide from abusive spouse is pictured at your community, a parent looking to grab their child from ex spouse sees the child in a photo at your pool, a person who is drawing money from insurance for an injury playing basketball and photo/video is seen by insurance company...too many risks (even if the last guy deserves to get caught!) Most people love to be seen in photographs...but it is up to you to be absolutely sure. It is as simple as getting them to sign a permission form. Just Do It!

I think this topic can be blown way out of proportion. My suggestion is that you have people pose for photos and don't just post candid shots. Have a policy that you tape to the door to the event and post to fb or other site that says you will take down any photo no questions asked. If someone asks you to take down all of them just do so. Just don't fight anything, make sure people are aware that a camera is taking a picture of them, and make sure it's all in fun. Not one celebrity is asked permission to get their picture taken. You can be really cautious about this as any attorney would recommend and you can have people sign waivers, etc., but then it won't be real and fun. Either have fun with it or just don't do it at all.

Specific notes to your questions:

- I don't see why minors should not be allowed, but make sure a parent or guardian is aware and they are posing for the photo. If you're nervous about it then just don't do it, but verbal consent should be fine in my opinion.
- I don't see how this has anything to do with fair housing. You probably have fair housing logos on all your other marketing materials, and you can put a fair housing statement on your facebook page. People get way too nervous about this in my opinion.
- Probably depends on what you're using the photos for. If you are putting them in an advertisement, yes. If you're just posting them to facebook then I don't see why it's necessary as long as you get a verbal yes from someone. Again, any attorney will tell you to go to the Nth degree to CYA, but the odds of someone saying something are minor and you can always delete them.

I'm much more open about all of this I suppose, and some larger companies haven't even ventured into the social media waters because of their legal concerns. I just say that if you are going to do it just go for it. You don't have to overdo anything, but some nice photos of people posing around the pool at the summer pool party just shouldn't be an issue. I know $h1+ happens, but there are plenty of crazier things out there going on that could get you in trouble. Some casual pictures should be the least of your concerns.

The policies we write for our clients require written authorization to post pictures.