HOA Members email lists

I requested our administration to provide me with our members email list so I could invite members to our on-line Forum. My request was denied . In the process of doing an on-line survey a staff person accidentally posted the email addresses of all of those members that replied to the survey, several hundred. I have that list and am considering using it to invite members to join our forum. Would I be subject to any sort of legal action against me for using the list?

Thanks, Paul T

Melissa,

Thanks for the reply. You are right, the debris really hit the fan when the email addresses "hit the street". The poor staff person had to make a public apology and later lost his job, not exactly sure why but I am sure it didn't help his career. We have tried virtually all means except this one, letters to the editor and so on, with fair results. Your "yes and no" answer has me thinking it may be risky business, our HOA has over 6,000 members and lots of money to spend on legal services.

Thanks, Paul T

Mellisa,

Oh, yes!!, I am well aware where the money comes from, only one place, us. Yes, the HOA has a website and on-line "Member News" but has rejected all of our requests to list our forum on any of the HOA mediums. Our Forum considered a direct mailer but couldn't come up with the $2,000 to fly it. The HOA will give us the US Mail mailing list but not the email list. That is one reason I am concerned about using the email list the HOA accidentally released. To the best of my knowledge I wouldn't be breaking any laws, but there is always that "intent" thing to be wary of?

Thanks, Paul T

Paul

Many list are "salted" with a few names/address that once anything is sent to them (Email, US Mail, etc.) it is a pointer to what list the names came from.

As an example. In a former business association, we had several family members of the BOD listed "funny" (like mispelled names, someone that had same last name but not the same first name, etc.) so if they received mail from an advertiser and/or concerning our business, we knew the advertiser was improperly using our mail list.

A question. Are you looking to start an anti-BOD, anti- management company chat board?

Thanks.

Since your in CA, use of the list is governed by Davis-Stirling act. Based on this information, Penalty for Misuse. Any person who misuses a membership list is liable for any damage caused by the misuse, including punitive damages for a fraudulent or malicious misuse. Corp. Code §8338(b).

Therefore:

If your talking this forum - I wouldn't do it as it may be considered SPAM (and I've never met anyone happy to receive SPAM).

If your talking about your Associations forum - That is a decision for the Board to make.

Paul. As you said:

John, We already have about 145 Forum members. Our Board and GM are very pro-growth, planning on spending an estimated
$12 MILLION on two new ski lodges that we don't need. Based on Forum posts it appears that many Forum Members dis-agree with the direction the Board & GM are taking us in. The Forum has been polite and respectful.

Bottom line is, it is anti-BOD discussion forum and while presently polite and respectful, I can assure you it will soon turn into a horror show simply because out of 6,000 people there are bound to be some real wierdos, freaks, cheapos, whatever.

I encourage you to go for it, but also accept if you cannot generate enough interest (money) to make a case, then accept you all are the "fringe" element.

In a different discussion, it would take 5% of members (300 out of 6,000) to even call a special meeting to discuss issues. Personally, I think 5% is a fringe element. I would raise the bar to about 20%, but that is just me.

PS

Proxies would count toward the 20%........LOL

Hi, PaulT6:

I am also in California. The Davis-Stirling Act does provide that:

Civil Code §1363.03. Election Procedures, Secret Ballots, Inspectors of Election.

(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 4 (commencing with Section 1357.100) of Chapter 2, that do all of the following:

(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.

(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.

For these reasons, during an election or just prior to an election, you do have the opportunity to voice your opinion against candidates and include something about your forum.

In addition, you have a right to display signs, posters, flags and banners. §1353.6. Right to Display Signs, Posters, Flags and Banners

I went to your website and it seems that your complex earns money via offering services to tourists? I also see that you missed your opportunity to have your unredacted opinion about the candidates since the election was this summer.

You also have many groups. How about making presentations within the groups or announcements/flyers to present at the group events.

Until there is a ruling on the applicability of the Worldmark v. Wyndham Resort case, your HOA isn't required to give you email lists.

But after looking at the website, I have to wonder if your complex really should come under the non-profit corporation heading that is usually given to common interest developments.

During an election, you are supposed to have the right to express your opinion. Every member does. You also have a right to be a part of the nomination process.

You say you have about 145 members in the forum. One or all of those people should somehow be involved in the nomination process. You should be given access to the association media to express your opinion. This means the board must allow all members to express their opinions if they allow any member to do so. That would include candidate statements. All candidates should have access to the meeting rooms.

So I would say you need to build a plan for each election. I would go to the meeting and ask for the board's guidelines for using all the HOA media. Also what are the guidelines for posting on the bulletin board. Get it in writing.

With the ski lodges, it would look less and less like a non-profit business for the members.

JM,

Thanks for your reply. About a year ago the "Letters to the Editor" column was removed from our Newsletter, which is mailed to all Members. It was then moved to a remote part of our website. So, people browsing through the Newsletter were no longer exposed to others opinions. Our Forum is not allowed to provide any information on any of the other information mediums, which include print and electronic, except on the website "Letters" link which is basically buried, in my opinion.

Candidates do not need to be nominated. All they have to do is to be in good standing and apply. Candidates statements are mailed to all members and posted on the website. Our Newsletter does not accept political advertising of any kind.

I requested the written policies you mentioned and was advised that there were no written policies except for the Letters to the Editor column.

Thanks,Paul T

I think your forum members should attempt to become candidates and include their opinions within their candidate statements.

If you have candidates, then you should also be able to post on the bulletin boards regarding meetings.