Are HOA members entitled to list of members?

As an HOA member am I within my rights to have a list of the names and contact information for my fellow HOA members?

We are co-owners in a HOA in Michigan. It's a large condo property with 100+ units. We've been here for five years and as far as I can tell, it's about half owner-occupied; the other half being rentals. We would like to communicate with our fellow members but can't figure out how to do so. The obvious way would be to attend the HOA meetings. Sadly, fewer than a dozen individuals attend those (including the board). It seemed like a no brainer to me that there would be some sort of "directory" for the co-owners. So, last month I casually asked a board member about this. (He happens to be our neighbor.) He told me that they don't give out that information due to privacy issues. They won't even give out the contact information for the board members; only the names of the board members.

Huh?

I am not sure what the expectation of privacy is when you own property with other people, especially given that property ownership is public information. But I know that HOA law can defy logic. On the other hand, failing to maintain an effective forum for communication seems unwise. (Not to mention, just plain weird.) Is there any precedent for this? I mean for withholding the names of the members from the other members?

My second question is a request for advice. I realize that I can look up the names of the co-owners on the tax rolls. (My husband is a tax and financial compliance attorney at a bank but used to be a real estate lawyer so he would do this frequently.) However, my ideal goal is to create a directory. Given the way that the names and contact information has been handled in the past, I fear that any proposal to do so would be seen as confrontational.

Another troubling bit of information ... when I mentioned all of this to another neighbor who used to sit on our HOA board but does so no longer, he told me that the president of the property management company (who doesn't own any properties here but does sit on the board) holds the proxy votes for a majority of the homeowners. I know that we personally have been pressured multiple times by the property manger to sign over our proxy.

Given all this new information that has come to light in the past two weeks, my initial motivation, which was to talk with the owners about planting a hedge, has now turned a bit paranoid.

Advice?

May I respectfully suggest that - within your own community - you keep the lowest possible profile about compiling such a "contact data" list.

Pretend you are living in North Korea, even if hopefully you are not. Your "delivered" tax rolls may be months out of date, or show only foreclosed mortgagees/in trust ownership of a particular unit.

If you too overtly request contact data, owner remote address for service eg from new arrivals, eventually it will directly or indirectly get back to the PMC, Board managers & cronies. Maybe nobody will care. Low-key welcoming & friendly mutual cross-introductions may be helpful and also improve levels of mutual respect. Keep a notebook with you and search social media.

But you yourself may need that contact list someday.

And if it is known that you are compiling a contact information /address for owner service list, there may be withholding of otherwise lawfully requested but embarrassing disclosures, an opportunity to trigger deemed "litigation on the horizon" etc. Further, others may start pressuring you for causes with which you might not agree.

Hopefully you are not in a community such as many where dissenters went through bitter retaliation & mixed legal success in pursuing owner CONTACT data to be potentially used in director unseating recalls. As a legal researcher, adr provider, onetime communities manager, and current POA member I hope you do not end up like some of those condo universe challengers throughout North America, who trigger a retaliatory circling of the management wagons and toxic retaliation by cronies. Many of those end up moving out whether or not they continue their dispute.

A residents list IS NOT a members list.

99.9999% of the time: 'Membership is appurtenant to, and may not be separated from, ownership.' ~ only members or their designated proxy holders may vote

A list of MEMBER / OWNERS is the desired information as they are the ONLY responsible parties to the covenant(s). Their address would be the lot/house/unit. Their mailing address for property tax purposes may be out of date at the assessor's office.

Residents may or may not be one's friends, but members are one's CONTRACTUAL parties.

This will depend on your governing documents and applicable laws (condominium act and, if incorporated, the corporate law).

What you may not do is obtain the list and create a directory. This would violate privacy (as some simply don't want that info handed out). However, you can use the list to contact other members about the issues you are concerned about in your Association.

Per MI NONPROFIT CORPORATION ACT, 450.2487, which may or may not be applicable (depends if your incorporated or not)[emphasis added]:

(2) A person who is a shareholder or member of record of a corporation, upon at least 10 days' written demand, may examine for any proper purpose in person or by agent or attorney, during usual business hours, its minutes of shareholders' or members' meetings and record of shareholders or members and make extracts therefrom, at the places where they are kept pursuant to section 485.

My suggestion would be to send a written request siting any applicable sections of your governing documents and, if applicable, this statute. Note: I did not check the MI condominium act. For example:

Dear Sir,

In accordance with section x, of [document], and Section 450.2487 of the MI NONPROFIT CORPORATION ACT, I am requesting a copy of the membership list (names and mailing address).

Helen,

I don't want to take away from the original posters thread/question.

I need to ask, why do you think your development doesn't have an HOA?

Per MI NONPROFIT CORPORATION ACT, Section 450.2911
(1) A domestic corporation... shall file a report with the administrator no later than May 15 of each year. The report shall... contain...
(c) The names and addresses of its president, secretary, treasurer, and directors.

It's common that the board withholds the list of homeowners and their mailing addresses right or wrong. Before they were directors in my HOA, they were in favor of a directory, but worked to make the idea fail after they became directors.

The safest way to make a directory is to only list those who opt in, and only provide the directory to those who opt in. Of course you need an accurate directory to start with so you know who is an owner so you contact them about being in a directory. So you can start with the not so up to date public records. The HOA maintained list is more accurate. When it comes to campaigning to homeowners, the HOA maintained list is by definition the gold standard because that is the list they use to determine who can vote. I can't believe what Melissa says that a lot times even the HOA doesn't have such information.

I disagree with Melissa too. The Board or MC has the list to verify voters. It also is needed to bill owners for their assessments and to send warning letters or invitations to hearings. The results of hearings also are required by CA law to be sent to owners via US mail. In addition, in CA, certain communication must go to owners via US mail, ballots/double envelopes. Etc.

I have heard, JL, that a large high rise HOA near mine has a directory of owners names and mailing addresses. Anyone in it has to have signed a form permitting such, and would do the same to opt out.

One place for JL5 to start is to determine upfront exactly what is the legal status of your shared ownership community. Your question - as stated - literally mixes up HOA and CONDO indiscriminately. You will have to acquire the skillsets or hire someone with them.

If your jurisdiction has separate condominium and HOA laws there may be different disclosure rights, other due process etc. If it has an applicable NFP law intertwined, then that two has to be reconciled. As to "expectations" of what an owner should enjoy, best left to legislators, judges & arbitrators.

you said it "jerks" they are behaving like they have 100% cooperation of all owners etc... There are CC&R's,and By-Laws, but they are not followed. One lawyer told me it is the worst case of abuse he has every seen. If you do not have money you have no recourse.

1- absolutely agreed and please delete my reference to "stupid jerks' above, because admittedly less than "clean, helpful, positive and friendly". Please rephrase to "misguided individuals".

2- The original poster's reference above to anecdote of possible proxy abuse above has not been addressed. "Proxies are great because they have no eyes nor ears"

Despite ongoing uproar about proxy abuse and reforms here that include prohibition of continuing proxy/ unlimited ongoing power, proxy disputes in condo land here are still viral and hitting the courts big-time.

Well, I actually did address the PM & proxy topic way above:

"But, JL, do your bylaws (probably) permit non-owners to be on your Board?? Many do. But isn't there a conflict of interest when the MC's contract comes up for renewal?? I may be wrong, but I think in CA, only owners can collect proxies (we never use them because of mail-in ballots). What does MI law have to say about that???

Thank you for all the replies! Really, thank you. This is all extremely helpful information.

To answer the other posters, we are are a condominium complex. We have multiple buildings containing multiple units each. The members comprise a homeowners association. At least that is the language that the board uses. I didn't realize that there may be a potential legal distinction here. So that's a great place to start my personal education. Thanks! I also understand we are governed state of Michigan non-profit entities law.

I also hear loud and clear what you are saying about keeping a low profile. The more I look into this, the murkier it gets. Since posting, I found out out that the board members do each receive a copy of the spreadsheet containing a list of owners (NOT residents). (I actually saw our neighbor's sitting on his dining room table.) However, they have a history of refusing to release this list to other owners. (Again, I'm talking owners to owners here, not residents.)

The postage for mailing to all the homeowners not a concern for us.

Yes, the Property Manager holding the proxies seems like a huge red flag.

The weird piles up ...

Since originally posting, I've found out the following:
Owner of the Property Management Company is child of original developers. He has since sold all his properties in the complex but still uses our office facilities to run his property management business. (FYI - he doesn't pay rent on the 5 office space in our clubhouse building where he runs his business.)
Property manager recently lost a number of the properties he owns in town to foreclosure.
Board President is BFF with the Property Management company owner.
Board President has been on the Board for fifteen years.
Other Board Members have been on Board for 15-20 years and are elderly and in cognitive decline; at least one that I spoke with didn't understand the difference between residents and co-owners (?!)
HOA dues have doubled (literally) in past 9 years: from $180/month (2005) to $370/month (2015). (That's on top of special assessments.)

We are aware that we purchased a condo in an older building and thus fees will be higher for repairs. But we are concerned that the Fiduciary obligations are not being met here. Why the doubling of dues during a time when our property taxes have declined? The only major repair projects were paid for with a special assessment (new parking lot paving) and covered by insurance (new roof after an ice storm). We realize that we must start looking into this immediately. Especially since that what DH does for a living - reviews property contracts for compliance with tax codes and ethics and sits on the financial review of other non-profit boards in town. I mean if we don't do it, who will?

In light of all that I've stated here, anyone have advice on how to go about requesting the financials? I mean, I literally know how to do this - just write a nice professional letter. However, how do I this I wanting to keep a low profile? In particular, I am VERY interested to see the contract with the Property Management Company but, for reasons already stated, I do not want to ruffle feathers.

According to the 1978 Michigan Condo Act (Act 59), we are entitled to the following:

"559.157 Books, records, contracts, and financial statements; examination; audit or review;
opt-out of requirements of subsection (2).
Sec. 57. (1) The books, records, contracts, and financial statements concerning the administration and
operation of the condominium project shall be available for examination by any of the co-owners and their
mortgagees at convenient times."

"Generally" proxies (by corporate law) are valid for 11 months UNLESS specifically extended/dated for a longer period ~ in South Carolina 3 years max.

Check your state's CORPORATE LAW for specifics.

EricH8,

Many times the HOA believes it has accurate 'up to date' info.

Many times, in actuality, it DOES NOT as it depends on volunteers and 'self certification' by the membership.

eg. home is sold to relatives, but original members continue to reside and VOTE improperly w/o proxy

home is 'sold by owner' for cash and never listed by realtors - new owner is unaware of HOA

home is sold 20 days before meeting

etc