Is it my domain name...reinbursed for cost?

[mitchelt]

What is the name of your state (only U.S. law)? Colorado

I am listed on the WHO IS database for a domain name that my Home Owners Association used to use. I am the one that gets billed and I am the only person listed on the WHO IS database. I am also the web designer who maintains it. For my time and help they agreed to reimburse me for the domain name registration and hosting. They are no longer using the site or domain name and asked me to shut it down because they are now using the site the Property Management company provides.

Now to the heart of the matter...the Board of Directors is about to make a very bad ruling regarding some homeowners and is going to possibly stir up a hornets nest of problems. As a past Board Member and current member of the Architectural Review Committee I strongly suggested this is a very bad move.

If they go forward with there decision I will be resigning from the Architectural Review committee and I will want to post the things they are doing so everyone in the Association knows. If I give them back the money they gave me for the domain name can I use it to build my own site to basically blast them? I would NOT mention specific names. I would also not be using the hosting they paid for and just move the domain to my hosting plan that I pay for.

Yes...regretfully I am being a little vindictive but what they are doing behind homeowners backs is just wrong and the people need to know. I moved into a Covenant Controlled neighborhood for a reason and I do not wand my property values to be messed with.

Thanks!

[FlyingRon]

If they were computer savvy they'd file an anti-squatting complaint against you and you'll lose the domain.

Unless you have some contract with them, your chances of recovering any money from them is tiny.

[mitchelt]

I think you may have misread my post...I am not looking for any money, I would actually reimburse them for the money they reimbursed me for the current domain registration fees.

I totally own the domain, they agreed to reimburse me yearly fees but now that the web site has been shut down I want to use my domain name to build my own site on my own hosting account to let people from the community know what is going on behind the scenes that they need to know about.

The web site has been down for 2-3 months already.

I just want to know if even if I give them the money back, can I get in trouble for using the domain name? Of course what I put on the web site is a different story but even then, I would NOT post anything that was not said in the public meeting and I would also not use specific names...just general comments like "The Board of Directors said...." and "The Architectural Review Committee said...."

Thanks!

[JETX]

Originally Posted by mitchelt

I will want to post the things they are doing so everyone in the Association knows. If I give them back the money they gave me for the domain name can I use it to build my own site to basically blast them?

Simple answer... NO.
Based solely on the information in your post it is obvious that you had a contract to provide services and a website to them, for their purposes. In return, they reimbursed you for the cost of the site. It is THEIR site and name.

The simply fact that you send them the money (if they accepted it), does NOT undo your contract and does NOT transfer their ownership.

You would have to have a SEPARATE (new) agreement with them to PURCHASE their site (and name) from them before it can then become YOUR site.

[mitchelt]

There is no contract or verbal agreement, I am just a homeowner that thought it would be cool to have a site for the community so I built it. Once it was build they offered to reimburse me for the cost that I incurred.

They no longer want the web site and asked me to shut it down which I did...I guess I don't see how they can tell me I can never use the domain name I own again?

[FlyingRon]

It's simple. They have a corporation with that name, you don't. If you bring the domain up, they can file an antisquatting complaint against you and I guarantee you will lose the domain.

[Stevef]

Originally Posted by mitchelt

There is no contract or verbal agreement

For my time and help they agreed to reimburse me for the domain name registration and hosting

Sure sounds like an agreement (aka verbal contract) to me.

[mitchelt]

You guys are right...why look for trouble.

I guess I can just purchase another domain name that does not mention the neighborhood name in it and play it safe.

Thanks!

[JETX]

Originally Posted by mitchelt

Once it was build they offered to reimburse me for the cost that I incurred.

EXACTLY what costs did they reimburse you??
Your first post said that "they agreed to reimburse me for the domain name registration and hosting". That means they OWN the 'domain name and registration'!!!
Seems pretty simple to me.

They no longer want the web site and asked me to shut it down which I did.

As was THEIR right as owner. If you felt that you were the owner, you could have just said, "Nah... I think I will keep it!".

I guess I don't see how they can tell me I can never use the domain name I own again?

First, as noted above YOU don't own the name.
Second, you certainly have the right to purchase the name either FROM them (while their registration is still valid) or wait until the registration expires and the name becomes available again.

Until you actually OWN the name.... it is NOT yours.