Friday, October 2, 2009

Calling all attorneys…or anyone with a witty witty response

I won’t go into all of the fantasy land visions I had of living in the ‘burbs. Well…actually, I’ll go into one.

I honestly thought that babysitters were falling off trees in suburbs. Trustworthy, honest, caring, perfect, sweet babysitters. So many of them that when you drove down the street…you had to swerve around them as they jumped at your car and clung to it spewing off references for you to call and check on their babysitting abilities.

What I’m finding is that you have to listen to your friends talk about their babysitters (to see if they sound good or just iffy) and then you have to shamelessly steal them from your friends. Or…you ask around your neighborhood. Well…the-ask-around-the-neighborhood route has gotten us a few leads….and one super inappropriate run-in with the association trustees in our development. This is where the “I need a good response from an attorney” part comes in.

I emailed our homeowners association trustee board (read: stuffy-I-know-better-than-you-mens-club) and suggested that we add a bulletin to our association's website to allow people to advertise their services (oh hush…within reason…stop laughing that I said 'services.' There would obviously have to be an approval process).

Now…I know the association probably gets a lot of lame suggestions (i.e. “we should have Hawaiian shirt day every Friday” or “we should do development stretching every morning together”)…but my suggestion wasn’t lame (to me). Yet, I get this response (it has been condensed…due to this lame-os long and boring rant…oh…and I am leaving their typos (read: lack of punctuation and capitalization) in…not because I’m perfect…but because I am mad at them and…well…I’m just being mean –’s my blog):

Thank you for your suggestion. There are two reasons that it will not work.

first is that our website, when it was developed, did not have the capability of user driven input. In fact, we cannot make changes but have to use the web developer to do that for us.

Based on cases around the country over the past few years, clubs, associations and groups can be sued for an implied recommendation when a service or product is advertised and listed on the group's website. While not all lawsutis have resulted in problems, enough have and associate settlements that our associaiton long ago decided not to advertise in our newsletter or website or anywhere that members of the association provide services or products, as we would have associated liability for them. that would expose the associatino to far greater risk and our insurance carrier specifically rates our risk based on the separation by not allowing any connection.

That is a long way of saying we appreciate you sharing the idea, but we have already had it suggested many times. Unfortunately it is not something in our future.

I am going to take the liberty to state the following (again, it’s my blog):

A.) This man lives in a world of no capitalization
B.) This man thinks he just wrote a very intelligently crafted email to a lame housewife that wants to get a babysitter and get her booze-on
C.) This man has never heard of a disclaimer statement (you know, the “blah blah…we won’t be held responsible for any weirdos or pervs that advertise on here…don’t be dumb…do background checks and use reason when picking people to watch your kids” verbiage)
D.) This man has no concept of how the web (or web development) works
E.) As my brother pointed out – this would make a great entry on the 'emails from crazy people' website

So, was I wrong to make a suggestion knowing full well who my audience was?

Or, were they wrong to not at least humor me by say “we have been working on figuring out a way to make this work – nice suggestion – keep them coming” just to make me happy and shut me up. Everyone involved would know it was bullshit…but we’d all be happy and sleep well.

Suggestions on a witty response are welcome! Especially ones with cool legal lingo. Email them to:

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