BL2 (Georgia)
Posts: 1
Posts: 1
Posted:
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
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Distribution of information
Started by BL2 • 24 replies • 2068 views
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SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By BL2 on 07/10/2014 3:43 PM
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
Sure. I could also walk into the town hall and get that same information. Its publicly available information.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Is it going to the fire or police department? Or is it going to a contractor or marketer?
The distribution is less the issue than how the information will be used.
Because you say it is going to a private party, I will assume it will be for promotional purposes.
You are a fiduciary. Your job is to protect the interests of your members given the fact that you have access to what some would consider privileged information and not to be shared with just anyone. Cross that line and you may be breaking fiduciary/agency laws in your neck of the woods.
The distribution is less the issue than how the information will be used.
Because you say it is going to a private party, I will assume it will be for promotional purposes.
You are a fiduciary. Your job is to protect the interests of your members given the fact that you have access to what some would consider privileged information and not to be shared with just anyone. Cross that line and you may be breaking fiduciary/agency laws in your neck of the woods.
Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
In CA, it's legal to get the name & mailing address and HOA address of every owner in my HOA. The request for same, in CA, has to be in writing to the registered agent of the HOA, in our case, our Prop. Mgr.
GA might have different statutes.
GA might have different statutes.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By SteveM9 on 07/10/2014 3:50 PM
Posted By BL2 on 07/10/2014 3:43 PM
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
Sure. I could also walk into the town hall and get that same information. Its publicly available information.
It may be publicly available, but I question whether fiduciaries should be facilitators just because the information can be obtained publicly elsewhere.
Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
You said every resident. Based on that one word it may be improper (for legalities, you will need to consult an attorney).
Typically, an Association must release a membership list (names and mailing addresses, e-mail addresses if they have them, of members) to any member that requests it. Renters would not be members of the Association and therefore, would likely not be included in that list.
That said, and as others have pointed out, there are a lot of ways individuals can obtain the names and addresses of who lives where. Heck, just do an internet search on your name or address and see what info is available simply on the internet.
Typically, an Association must release a membership list (names and mailing addresses, e-mail addresses if they have them, of members) to any member that requests it. Renters would not be members of the Association and therefore, would likely not be included in that list.
That said, and as others have pointed out, there are a lot of ways individuals can obtain the names and addresses of who lives where. Heck, just do an internet search on your name or address and see what info is available simply on the internet.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
IMO, if the individual was an owner of the community and followed the basic rules that it was to be use ONLY for association business, then yes.
If, the individual was for the outside, then no way in hell. As Steve says, the information can be found in public records, go do the legwork.
If, the individual was for the outside, then no way in hell. As Steve says, the information can be found in public records, go do the legwork.
BanksS
Posts: 403
Posts: 403
Posted:
Per the Iowa Nonprofit Code, a member list must be provided to a fellow member within 10 days of the request. I requested a member list and was given names, addresses and phone numbers of all current property owner/members in good standing. I'm not sure if the addresses and phone numbers are required by law but that is what was given to me. I was also given a list of owners payment history over a 3-year period. I think that was by mistake. Of course I looked at it. It was quite interesting. LOL
I would be upset if the list were given to a nonmember and would not recommend doing it.
I would be upset if the list were given to a nonmember and would not recommend doing it.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BL2 on 07/10/2014 3:43 PM
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
Is it legal for an HOA to distribute to a private individual the names and addresses of every resident in the community?
I am not nor do I play a lawyer.
I say the answer to your question is YES and in many cases distribution is required, but only to fellow owners.
Most lists have the disclaimer that the enclosed information can be used for HOA business only.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
We even went farther than that. We had a map of the hood available with Lot #s. It even showed the lines of exclusive use areas around the homes. Home addresses in the HOA is NOT private. Now I do believe the addresses of those living outside the HOA can be private. That being because the address in the HOA makes them a member. However, that may be my personal opinion.
Former HOA President
JonD1
Posts: 2,350
Posts: 2,350
Posted:
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
In our state, we have an opt-out clause. Glad I am not living under your rule.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By MelissaP1 on 07/10/2014 7:10 PM
We even went farther than that. We had a map of the hood available with Lot #s. It even showed the lines of exclusive use areas around the homes. Home addresses in the HOA is NOT private. Now I do believe the addresses of those living outside the HOA can be private. That being because the address in the HOA makes them a member. However, that may be my personal opinion.
We even went farther than that. We had a map of the hood available with Lot #s. It even showed the lines of exclusive use areas around the homes. Home addresses in the HOA is NOT private. Now I do believe the addresses of those living outside the HOA can be private. That being because the address in the HOA makes them a member. However, that may be my personal opinion.
We all should know by now, NOTHING is private.
BanksS
Posts: 403
Posts: 403
Posted:
Quote:
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
JonD1
Posts: 2,350
Posts: 2,350
Posted:
Quote:
Posted By BanksS on 07/10/2014 7:39 PM
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions. ..
In your situation we came up with a rather simple solution. Anyone running for the board submits a letter and that is included with the election packet sent out by our MC. Saves the candidates printing and postage and removes any need to hand out owners addresses.
Once that information is handed out you no longer have any control how it might be used.
I don't want my contact information shared with anyone. Might be sold to some sales company for unsolicited mailings. No thanks.
Private information held by the board should be guarded to protect the many rather than service the few.
Unless you live in California
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Our laws help protect us from dictators.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
In my state, I do believe that F.S 720 protects certain information such as electronic email addresses. Also, not everything is "public record". Some property owners such as judges and law enforcement have public disclosure protection under F.S 119 (so that there records may not be viewable in public county property records).
If a HOA wants to create a voluntary directory then ok. But not all owners may want their information in a directory.
If a HOA wants to create a voluntary directory then ok. But not all owners may want their information in a directory.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By JonD1 on 07/10/2014 7:24 PM
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
Nice solution Jon. I like it.
Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BanksS on 07/10/2014 7:39 PM
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
Banks
I believe that in some states it is mandatory for an association to provide a list of owners qualified to vote to any fellow owner requesting such especially for election purposes.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 07/11/2014 3:25 AM
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
Posted By BanksS on 07/10/2014 7:39 PM
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
Banks
I believe that in some states it is mandatory for an association to provide a list of owners qualified to vote to any fellow owner requesting such especially for election purposes.
Even if distribution is mandatory, I would see nothing wrong with an accompanying letter that states that the list being provided is not for general distribution because the privacy expectations of the members needs to be respected.
Sikubali jukumu. Read all posts at your own risk.
BanksS
Posts: 403
Posts: 403
Posted:
Quote:
Posted By JohnC46 on 07/11/2014 3:25 AM
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
Posted By BanksS on 07/10/2014 7:39 PM
Posted By JonD1 on 07/10/2014 7:24 PM
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
As the OP resides in Georgia laws from other states would be of little help.
Not sure what the laws might require in Georgia hopefully they are not as cumbersome as those in other states.
My answer would depend on who was asking and what their intended purpose was. Just what sort of HOA business might be carried out if another owner were provided a list of owners?
IMO I would not want my contact information given out without my approval.
We had a big PIA who made such a request. She was well known to be nothing but trouble. We sent out a release form to each owner requiring they
Agree to have their information released. ONE SINGLE OWNER RETURNED THE SIGNED FORM. Problem solved.
The interests of the property owners must be considered IMO.
You state that the OP resides in Georgia so laws from other states would be of little help. You could say that for just about any question or topic presented on this site.
My intended purpose of asking for a member list was to send out a flyer indicating my interest in running for the board. I consider that HOA business. I didn't share the information with anyone. I had no evil intentions.
I agree with you that I would not want my contact information shared with others except members.
Banks
I believe that in some states it is mandatory for an association to provide a list of owners qualified to vote to any fellow owner requesting such especially for election purposes.
Of course, I indicated Iowa's nonprofit code requirement to provide the list to members within 10 days of the request. Was that not clear in my post?
NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
In NC it is public info. All need to do is go to the court house and they will provide info or go on internet and info of homeowners can be obtained.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By RichardP13 on 07/10/2014 8:04 PM
Our laws help protect us from dictators.
Our laws help protect us from dictators.
On the contrary, I think the laws help create dictators.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Going back to the OP. BL2. Are you an owner in the HOA that you want this info from? As I noted way above, check your GA statutes.
I should have qualified my responses waaaay above, though Richard cleared it up. In CA owners have a list of all of the HOA owners including their HOA addresses and their mailing addresses upon written request. The HOA can charge the owner for copies. The owner can receive this info electronically. Any owner who doesn't want her address known can opt out in writing as Richard points out.
Owners can not request the names address of renters--37% of my HOA.
I'll be seeking re-election in October and am glad I have a way to send flyers to all owners whether they live on the promises or not.
I like to read about the laws in other states svn though they don't apply in CA.
I should have qualified my responses waaaay above, though Richard cleared it up. In CA owners have a list of all of the HOA owners including their HOA addresses and their mailing addresses upon written request. The HOA can charge the owner for copies. The owner can receive this info electronically. Any owner who doesn't want her address known can opt out in writing as Richard points out.
Owners can not request the names address of renters--37% of my HOA.
I'll be seeking re-election in October and am glad I have a way to send flyers to all owners whether they live on the promises or not.
I like to read about the laws in other states svn though they don't apply in CA.
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
In Maryland the names and addresses of homeowners are a record of the association which must be disclosed if requested in writing by another homeowner.
Jeanne
Jeanne
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