HOA releasing privacy information

Started by DonnellG • 2 replies • 1525 views

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DonnellG (Georgia)
Posts: 1

Posted:

I am unsure which direction to go, I recently found out the HOA release so personal documents containing private information i.e. a copy of my driver license, copy of my personal checks for association fees(account number displayed), copies of resident profile, and other information that I feel should be covered under some privacy law to a third party. The request WAS NOT a Subpoena so there was no legal grounds for the release.

Can anybody share their opinion and the directions they would take in this matter..

I am in the state of Georgia if anybody know of any state laws that requires the release of such information..

thanks for all comments.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Was this the HOA or the Management company? Here is the deal... Technically HOA member can have access to a large amount of what you posted. It's not really "private" information. Your social security number is and is NEVER to be provided to the HOA. They have no need for it. All other information is accessible.

Do I think it's right? No. I would not be happy with it. The least they should do on checks is to black out the check information on the COPIES. That information should be redacted on copies. Originals are never given out.

Think about it... Your address anyone driving by or with google can find that. PUBLIC. Phone #'s and driver's license are usually written on checks. That makes it exclusive viewing but not necessarily "private". How many times have you shown your driver's license when cashing check? It's more of a "need to know".

When you get "witch hunters" who demand copies of records, this is what happens. The HOA has to provide the documents on record. It does not mean they can't remove account information. However, a lazy and uneducated board may do this. Remember they are volunteers and someone probably just "threatened" to get a lawyer involved to get the records. Fear of a possible lawsuit and they just followed through without thinking.

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

I'd like a few more details - who was this information released to? Did you ask why it was released and what was that response? Get the answers to those questions first and see what will be done to correct it. If it went to a homeowner who requested the information, did he/she get similar information for all homeowners? Go to that person and find out why he/she asked for it.

You might also want to check with the HOA laws in your state to see what homeowners (Association members) are entitled to - your local CAI chapter (if you have one) may know what they are or Google "georgia HOA laws". You may end up looking through a few statutes yourself, but once you have them, you can ask your attorney to interpret them for you, if necessary.

Personally, I see no reason for one's next door neighbor to know what's on the driver's license or personal checks, but the resident profile information may be part of some sort of official Association document that everyone's entitled to - if that's the case, you'll need to see if there's an opt out option and follow it. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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