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NancyG1 (North Carolina)
Posts: 119
Posted:
Our Board will not give out to the homeowners a list of the homeowners and their address. They state it is for privacy reasons. Is this true?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes. Do you want them to give out yours? Then there is your answer. Besides addresses are pubic knowlwedge if you just walk around your HOA and write them down. As far who lives there or is the owner takes more effort and not always public.

Really what is the reason behind knowing this information? Witch hunting or *itch slapping is the only 2 reasons one wants this information in a HOA...

Former HOA President
NancyG1 (North Carolina)
Posts: 119
Posted:
Sorry to disappoint you MelissaP1. Although I see your smiley. I don't mind if the homeowners know my name and address. This was a general question just seeking information as to why it is a problem for our present Board. One reason I asked is our Association is getting ready to vote for new Board members and the present Board does not send out the applications of the people that want to run to the homeowners. They only list their names, no qualifications. A few people want to send out their applications to the homeowners so they can see their qualifications and possibly vote for them. Also, most of the homeowners send back their proxies with a check mark by one of the present Board members name giving them the majority of the votes and they keep voting themselves back on the Board. No witch hunt here just general information.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Nancy,

I don't recall if your in a condominium or homeowners association.

Per § 47F‑3‑118 of the planned property act, the Association must make records available for examination by the members. They do not have to provide copies.

Per § 47C‑3‑118 of the Condominium Act, the Association must make records available for examination by the members. They do not have to provide copies.

If your Association is incorporated as a nonprofit, per § 55A‑16‑02 of the Nonprofit Corporation Act, A member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation.

Per § 55A‑16‑01 of the Nonprofit Corporation Act, corporate records includes "a record of its members, in a form that permits preparation of a list of the names and addresses of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast."

Therefore, if your Association is incorporated as a nonprofit, under the NC Nonprofit Corporation Act, a list of current members and their addresses must be made available to you. There are privacy concerns that come into play so you should include in your request the reason why you want the list. This is because the Association does have to protect the privacy of it's members and keep the list from being used for marketing or political campaigns.

I'd suggest resubmitting your request for the list citing the corporate code (if applicable) along with the reason why you want the list. Something like:

Dear abc,

I am resubmitting my request for a copy of the current list of members and their addresses. I am requesting this list under
§ 55A‑16‑02 of the NC Nonprofit Corporation Act. I am certifying that this list will not be used for for purposes of pecuniary gain or commercial solicitation.

Thank you,

Please note that under § 55A‑16‑02 the Association can require that you specify the exact purpose of wanting the records and why those records are required to achieve that purpose. Therefore, if you use my suggested style of request, they may say no and/or require additional info before releasing the records.

Hope this helps,

Tim

As an FYI, here are links to the full laws (you need to determine which ones are applicable):

North Carolina Planned Community Act

North Carolina Condominium Act

North Carolina Nonprofit Corporation Act

DonaldN (Connecticut)
Posts: 183
Posted:
I'm with you, I think physical & email addresses of the community should be freely available; and I think the application idea is also very good - a bio - our church does that when parishioners are running for council .

in my mind there are also other very practical reasons to have a contact list - especially email - our Connecticut regulations allow communication electronically - so if we request a special meeting and need to send out the announcement, maybe ballots & proxies then email with attachments is very quick & efficient.

and I couldn't agree more when you say unit owners vote back in the familiar names year after year - ditto with us - we have a lot of apathy and disinterest anyway and so if a unit owner has no problems with their particular unit and our fees stay low, they think why not just make it simple and vote em back in - it's a problem .

we've lived in our complex for 14 years and just got the list from our property management company - all you can do is continue being a gadfly and hound them for a list - maybe form a committee for this purpose so it doesn't fall solely on your shoulders.

good luck !
NancyG1 (North Carolina)
Posts: 119
Posted:
TimB4 - What a great reply. Thank you for the information. This is the information I was looking for.

DonaldN - Thank you for your response.

This information is greatly appreciated.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Also in CA, Owners may have names and addresses via written request and a statement of the reason for wanting the list. Owners may be charged for copying the list, but our PM doesn't charge them; the requests are rare.

These lists have, indeed, been used to send letters to owners asking for their votes for individual or a slate of board candidates. One was a nice flyer for a slate of three with pics of each so that Owners could put faces with names.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Personally, I would have no issues with providing names and addresses of owners. Anything else could raise issues. Issues I do not have problems with like phone numbers and Email addresses, but others might have issues with.

Couple I know gummed up their shredder with those free return mail address sticky labels we all get hundreds of. I asked them why the were shredding them? They replied for ID theft protection security. I said but there are thousands of ways to get ones name and addresses. They did not want to hear that.........LOL

TimB4 (Tennessee)
Posts: 21,059
Posted:
Nancy,

Glad I could help.

The initial response from your Association was probably based on their understanding of the laws and not caused by malice.

I've found that most members of a Board don't look up corporate laws. As volunteers, they know that COA/HOA laws apply and are typically so busy focusing on understanding them that they forget that the Association is also a corporation and corporate law applies in addition to the COA/HOA laws.

BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By NancyG1 on 05/23/2012 3:14 PM
Our Board will not give out to the homeowners a list of the homeowners and their address. They state it is for privacy reasons. Is this true?

It may well be that they don't it for privacy reasons. But, i suspect you are really asking "is there some law regarding privacy that they are following", and the answer is no.

Addresses are very public. Heck, sometimes they are even painted, posted or brightly lit up. Owners of property are also public knowledge, just check with your county recorder office, for a start. So there is no "privacy law" that prevents them from releasing the names of owner of record with address. But, they may well just not do it because they don't want to.

NancyG1 (North Carolina)
Posts: 119
Posted:
TimB4 - You are so correct. I don't believe they have ever checked into the NC Planned Community Act or the NC Corporation Laws. State or County and City laws.
Hopefully we can get some different people to run and get rid of a couple of these board members. They have cost our community a lot of money by their inability to follow up on certain projects they have tried to undertake. Anyway with the information I have received hopefully we can make a change this year.
Again thanks for all your help.

NancyG1 (North Carolina)
Posts: 119
Posted:
BrianB - I think you are correct. They just don't want to give it out to the homeowners for fear someone will write something about how they are handling certain things and how they treat homeowners. Guess the next step is to either go door to door or to the county records. Thanks for your information.
JM10 (California)
Posts: 503
Posted:
Quote:
Posted By NancyG1 on 05/23/2012 9:14 PM
BrianB - I think you are correct. They just don't want to give it out to the homeowners for fear someone will write something about how they are handling certain things and how they treat homeowners. Guess the next step is to either go door to door or to the county records. Thanks for your information.

Our CC&R require that telephone numbers be included in the membership list. State law requires that a list be produced in 10-days if requested in writing. You only had to state the reason if the BOD asks.

In California, there is also a requirement for elections and rule changes that opposing views be allowed equal access to all HOA media.

You might not need to go to county records. A lot of the info is available online regarding ownership of real estate. Just type in the address and see what comes up. You might even find out that one of your residents has been arrested recently (as I did). A lot of arrest/police beat sheets are online.

Some real estate agents/attorneys have access to the public records.

Document production and election issues can be addressed in small claims court in California.

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