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PjW (Virginia)
Posts: 71
Posted:
Does anyone know how legal it is, in the state of Virginia, for people to identify themselves as being from the board (and being board members)and asking for contact information from renters and possibly homeowners?

We have a property managment company that keeps contact info homeowners but it seems to be its an invasion of privacy for a board member to do this
RogerB (Colorado)
Posts: 5,067
Posted:
PjW, it is up to you as to how much information you want to provide to either management or the Board. It is no more of an invasion for the Board than the management company. However, if the management company has it the Board could get the information from them.
PjW (Virginia)
Posts: 71
Posted:
Yes, the property management has the homeowners info as they should and in VA every member has a right to see the membership list

The issue I have is with board members going around and possibly harrassing people for their info AND possibly not identifying what they are doing it with
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Its not illegal for someone to ask you a question and you provide the answer.

Dont want to answer? Simple....dont.
PjW (Virginia)
Posts: 71
Posted:
Right, I get that,that's not the point of what I'm trying to ask

Again the question is - Is it legal,in Virignia, for someone to identify themselves as an HOA Board Member/Director and possibly harrass renters for contact information (ie phone numbers and email) without identifing the purpose of gathering said informaton. This is going to be information not held by our property management company where it would be held in confidentiality.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi PjW:

What do your governing documents state with regards to renters? If the HOA is to be given a copy of rental agreements, then they would have this information.

Also, are you an HOA or Condominium? One issue I can see in a Condominium is potentially needing contact information in case of emergency and needing access to a unit. If it is single family homes, then it would be a different situation.

Unless it is in the documents that rental information is to be provided to the HOA, then they potentially should not “harass” renters. The individual who is responsible for providing information and who should be contacted is the homeowner who is actually the member of the HOA.
PjW (Virginia)
Posts: 71
Posted:
There is nothing in our documents as our docs are over 20 years old and never been updated (something that we need to do but are fighting over how to do it fairly)

We are an HOA - townhomes.

That's kinda what I thought - can I report this kind of thing to our state's Common Interest Community Board?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Again the question is - Is it legal....


Yes, it is legal.
No, you do not have to provide the info.

If you are unsure who the person is, call the police. Tell them a creepy guy knocked on your door asking for person information and made you feel unsafe. You think they are trying to gather info to steal your identity. Hehe.
DonnaS (Tennessee)
Posts: 5,671
Posted:


Why would you not want to handle this within the association? The rest of the Board should just tell this person to cease the behavior. What are they doing with the information to begin with.

It is not an invasion of privacy if he asks. It is when someone gives it to him without a justified reason, then he may be guilty of invasion. Tell him to "get lost"

I really think that wanting to contact the State is overkill. Maybe he is just one nosy creep who feels that he has the power to request the information. If he should continue to try and collect this information, he needs a stern letter from someones attorney, not a formal complaint to the State.
PjW (Virginia)
Posts: 71
Posted:
Steve - lol - not a bad idea

Donna -nosy creep, yes, I believe he and another board member are just that. All I have been told is that certain board members had been researching and contacting renters to their information. I am in the minority on our board and it seems as though no matter what I say they ignore it anyway - even when I'm right and have reseached a subject

I worry that this going to swing back and hit the board - we did not vote for him to do this he just doing it on his own.

Personally, I think they've stepped over the bounds of what a board member should have and I'm really kind of offended by then doing this. I think this make our community look bad.
DonnaS (Tennessee)
Posts: 5,671
Posted:

PjW,

Then if this offend you and anyone else, you need to step up and have this stop. The Right of Privacy is protected and FHA laws on privacy of information act is being violated.

The property manager has this information as you said, so he should be able to access anything that he wants to know from those records. Anything beyond that is none of his business and he needs to be told so.
PjW (Virginia)
Posts: 71
Posted:
Thanks Donna - techincally I'm not supposed to know that this is happening but our PM let me know so I can't say anything yet

But I will look into the FHA right of privacy info - thanks for the lead
GlenL (Ohio)
Posts: 5,491
Posted:
PjW, just what do you see wrong with the BOD getting contact info from renters or owners for that matter? You or your fellow homeowners elected them to manage the community, collect and spend your assessments but they are somehow suspect if they want accurate contact information. If this is the worst thing you have to worry about, you've got it made. Oh, and just for grins, this is the information condo residents are supposed to provide to the BOD in OH: 5311.09 Unit owners association records.

(A) (1) The unit owners association shall keep all of the following:

(a) Correct and complete books and records of account that specify the receipts and expenditures relating to the common elements and other common receipts and expenses ;

(b) Records showing the allocation, distribution, and collection of the common profits, losses, and expenses among and from the unit owners;

(c) Minutes of the meetings of the association and the board of directors;

(d) Records of the names and addresses of the unit owners and their respective undivided interests in the common elements.

(2) Within thirty days after a unit owner obtains a condominium ownership interest, the unit owner shall provide the following information in writing to the unit owners association through the board of directors:

(a) The home address, home and business mailing addresses, and the home and business telephone numbers of the unit owner and all occupants of the unit;

(b) The name, business address, and business telephone number of any person who manages the owner’s unit as an agent of that owner.

(3) Within thirty days after a change in any information that division (A)(2) of this section requires, a unit owner shall notify the association, through the board of directors, in writing of the change. When the board of directors requests, a unit owner shall verify or update the information.

Studies show that 5 out of 4 people have problems with fractions
DavidW5 (North Carolina)
Posts: 565
Posted:
Quote:
Posted By PjW on 03/08/2011 9:38 AM

That's kinda what I thought - can I report this kind of thing to our state's Common Interest Community Board?

Good luck with that. I have had some experience with the CICB Ombudsman's office. They were of no help whatsoever. As far as I know they still do not have approved operation procedures, despite the fact that the office was established in 2008.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PjW on 03/08/2011 8:11 AM

We have a property managment company that keeps contact info homeowners but it seems to be its an invasion of privacy for a board member to do this

Why do you think it's an invasion of privacy if a member of the board does it but it's not an invasion of privacy if the Board's agent, the management company, does it?

The information is going to the same place, the files of the Association.

Tim
PjW (Virginia)
Posts: 71
Posted:
@Glen - Yes, but this is VA not OH but I understand what your saying. I dont' think its an issue if our property managers have the info, that is what they are for, not a specific member of the board.

@David - I've had some but it was just to get some advice. I've learned recently that they have been under funded so their short staffed and not really pulled together still

@Tim - That's the thing its not going to the association files, its being held by 1 or 2 people only. My reasoning for the invasion of privacy is that its really none of the boards business who someone rents their home to. We don't have any rules that say HO's have to tell us who they rent too, or to provide that contact info.

When I say contact info - I don't mean addresses - that's available for all members of the association so that's moot. I'm talking phone numbers, cell phone numbers, and email address - too me this are more personal forms of contact and seem unprofessional.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PjW on 03/08/2011 6:23 PM

@Tim - That's the thing its not going to the association files, its being held by 1 or 2 people only. My reasoning for the invasion of privacy is that its really none of the boards business who someone rents their home to. We don't have any rules that say HO's have to tell us who they rent too, or to provide that contact info.

When I say contact info - I don't mean addresses - that's available for all members of the association so that's moot. I'm talking phone numbers, cell phone numbers, and email address - too me this are more personal forms of contact and seem unprofessional.

That's a bit different.

Heck, even members only provide names and mailing address (if a non-resident member). Anything above that is not really required and purely voluntary. We have tried publishing a community directory before but only had 25% indicate that they wanted to participate so we don't even do this anymore.

My Association does require a copy of the rental agreement be provided to the Association but honestly, I don't know why as we handle everything through the member and not the renter.

GlenL (Ohio)
Posts: 5,491
Posted:
PjW again IMHO you are making much ado about nothing. Now supposedly the PM for whatever reason told you in confidence that this was happening but for what possible purpose? It sounds like they are trying to stir up trouble for some reason. Our PM gives the Board members a printout twice a year with all of the homeowners contact information.

You too can go door to door in your community and ask for the same information and people would have the right to either give it to you or refuse to give it to you. They have the same right to tell or not tell the Board members. You immediately jumped to the conclusion that the Board members were up to some nefarious plan; next you’ll be setting up a neighborhood watch for black helicopters. If it really bothers you, instead of assuming that they are doing something wrong or don’t have a right to the information, go to a Board meeting and ask them what they want the information for.

Studies show that 5 out of 4 people have problems with fractions
PjW (Virginia)
Posts: 71
Posted:
Glen- no she gave me the info just to give me a heads up, the 2 board members that are doing this without board approval. To me, another board member, they have jumped around discussing this in an open board meeting and just did it. THey did not tell the whole board they were doing it. To my knowledge they are keeping the information. To me this is unethical.

Homeowners (members) info isn't the problem - every member of our assocation has a right to the memebership list which is basically a mailing list. Its the renter's information that I think is the problem. What business is it of our HOA to know what renter is in what home. We have nothing in out governing papers about this at all. If a HO wanted to give this info to an HOA's PM then that's not a problem but for board members to obtain this info in such a shady way doesn't seem right.

I have my reasons for "jumping to a conclusion" that I do not want to put into print. I go to every board meeting because I too am a board member.

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