HOA selling residents names to third party business

Started by EC • 12 replies • 1573 views

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EC (Florida)
Posts: 2

Posted:

Hello,
I live in Florida, and am wondering if anyone can tell me if it is legal for the HOA(MGMT OFFICE) to sell a list of residents names and addresses to a local business. Any help here would be greatly appreciated.

LarryB13 (Arizona)
Posts: 4,099

Posted:

How do you know that this is happening?

Names and addresses of property owners is available from public records. Bulk mailers maintain and sell similar information. The phone company usually denies it, but they also provide their information to telemarketers.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Robert,

My opinion is your trying to SPAM the forum

TimB4 (Tennessee)
Posts: 21,059

Posted:

EC,

Membership lists must be made available to all members of the Association. Per FL law, the HOA may charge a fee to provide a copy of that list to the member requesting it.

The Association should not be releasing those names to third party business without the members consent. However, as was previously reported, names and addresses are typically public and easily obtained from various sources. Therefore, what is causing you to think that it was the Association that sold the list of members?

EC (Florida)
Posts: 2

Posted:

First, let me say I'm not trying to spam anything. The reason I am asking this, is because I questioned the office manager about a letter that was sent out by a company, with my name, address and lot #. She told me that they sold them to the company and have done it several times over the years to other businesses.I just don't feel it right that a place where I live and pay dues should be selling my info. Let them get the mailing lists from the many companies that do this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

EC,

The spamming comment was directed at an individual named Robert who posted SPAM on this thread, and two or three others last night. I had reported him to the moderator who apparently removed them (based on the posts no longer being there).

Unfortunately my comment to Robert remained (which is the cause of the confusion).

Since the Manager confirmed that they sold the membership list I would suggest the following:

1) File a complaint with the Board (as the MC works for the Board).
2) File a complaint with the State licensing Bureau. I need to run or I'd look up the link for you.
3) Send a certified letter to the Management Company with a copy to the board that you did not authorize the release of your information and that they are to cease and desist selling your information.

Tim

BrianB (California)
Posts: 2,820

Posted:

Send a letter to the board that your name, address, and lot number, in the following manner of delivery or organization, are copyrighted by you, and any use, sale or resale of said protected graphics to third parties will result in the automatic acceptance of the following terms of sale.

We, the _______________ (HOA Name) do hereby agree that if we sell the information so included in the contract delivered to us by (your name) to any third party vendor, business, person or entity, we will pay the party of the first part (Your name) the sum of $100, payable immediately. If we do not pay the sum within 10 days of the sale of his protected information, we agree to an immediate doubling of the payment. Said payment, principal, penalty and interest, shall double every 30 days thereafter, until paid.

Then, type up your name and address several different ways

John Doe, Unit #41
123 Anywhere drive
Yourtown, California 99999

John Doe,
123 Anywhere drive, Unit #41
Yourtown, California 99999

John Doe, Unit #41
123 Anywhere drive
Yourtown, CA 99999

John Doe,
123 Anywhere drive, Unit #41
Yourtown, CA 99999

John Doe,
123 Anywhere drive
Unit #41
Yourtown, California 99999

John Doe,
Unit #41, 123 Anywhere drive
Yourtown, California 99999

etc...

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BrianB on 06/01/2012 10:11 AM
Send a letter to the board that your name, address, and lot number, in the following manner of delivery or organization, are copyrighted by you,

I wouldn't make any claims to copyright.

PeterD3 (Florida)
Posts: 708

Posted:

Isn't this tantamout to generating a profit?

As many Fl. HOAs are not for profit corporations how does this income appear on your budget/balance sheet?

Did the BoD approve such actions and/or is this contained in the MC's contract to do such?

Is it offsetting other costs to maintain tax status compliance?

I don't know... just asking questions that might help in identifying other ancillary issues with the practice of such activities.

PeterD3 (Florida)
Posts: 708

Posted:

Agreed Tim.

Brian is making a lot of claims which don't seem to exist at this time (at least not stated).

So why create liability by lying? Bad advice.

BrianB (California)
Posts: 2,820

Posted:

can you describe the liability thus created?

i am curious...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA is NOT selling the information. It is their HIRED contractor the MGMT company that is doing. Separate the difference. It is NOT the Board or the HOA members doing it. They need to discuss this with management comapny as a HOA in fixing the contract between the two or dissolve the contract and find a new contractor.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

I disagree. The management company is seen as an agent for the Association.
If the Board is unaware of what is happening then the Board failed to do proper supervision. Additionally, once they are informed, the board should consider terminating the contract with the MC for cause.

If the Board is aware of it, or if any of the funds received are going to the Association, then it is the Association selling the names.

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