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DanielJ (Georgia)
Posts: 31
Posted:
Our HOA is in Georgia. Our website is available to the public. Does anyone know whether it is permissible for us to publish the names and addresses of owners on our website?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Daniel,

All I can say is that we don't do that.

If members want a members list, we would provide that separately.
Another option would be for the individual to go to the property tax office (many records are on line)for that info.

If you are concerned having your name listed on a public website, I would suggest the following:

Write a letter to the Board. Explain that you understand members have a right to this information but the general public does not. Explain that you consider this a breach of privacy and you request that they do one of the following:

1) remove your name from the listing (replacing it with Name withheld by request) - I've seen this on our own County web site
2) place the list behind a password accessible directory (we do this with the minutes on our site and it's not that hard to do).
3) remove the entire list from the site

More then likely, you Board never considered privacy concerns when making the decision to post that information.
By offering suggestions to resolve the issue you are not simply complaining but trying to help. This can often get the board to act more quickly.
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board Daniel? I'm getting the impression that you are, but I really can't tell from your post.

Whether on the Board or not, it would be, imo, a great invasion of Owners' privacy to publish an address list on a site that the general public can visit!

Curious to know why someone or the Board wants to do that. Tim's ideas make sense.

Can't HOA Owners in GA request a list of Owners in writing from the board or mgmt. co. as in CA? (Owners in CA may opt out of this list if they wish.)
DanaT (Tennessee)
Posts: 214
Posted:
The easiest and safest way to do this, is with a sign up sheet. You can have your release form built into it as well. IE:

By signing this form you agree to allow XVZ HOA to list your name on our Public Website. Your information can be removed at anytime, per your request. While XVZ HOA will do everything within our power to protect your information, we can only apply the protection afforded to us, via our Hosting Service Provider.

Then as Tim mentioned, place it on a Password Protected page. There are many HOAs that require members to give their information to sign up for their website services and they have to provide their name, phone, e-mail and address. It is basically just like signing up, to use this very forum.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dan

I say it cannot be published without one's permission.

Dana summed it up.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The public information is there already. If someone wants to know, just look at the door/street address of the house. The names are in the phone book or tax records. All of which is PUBLIC. Why re-invent the wheel?

Most likely your HOA is against soliciting. Which means if someone wants to contact the person, they need to put a stamp on it. Just like the HOA. The HOA goes by the address of the HOA as the main address. The owner lives somewhere else, then they must provide that information. However, the HOA does NOT have to provide that information to ALL the owners.

I would not publish the name/address or any other contact information for a member. (Unless a board member with permission). It's up to the person who wants it to do the work if whatever they want is that important.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
In CA, the HOA DOES have to provide the Owners' mailing address and even the entire list, upon an Owner's written request. That is, unless certain Owners opt off this address list. I believe this is the law in other states too, if not in AL, Melissa.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If it is, I would have violated that law. We never had all that information ourselves. Often had to go scouring newspapers, tax records, rumors, door-knocking, and Accounting firm chasing down this information. Even our Accountant did not have an accurate list of owners and they collected the checks!

Our HOA the Secretary position was to keep up with that information. Which there was no requirement for members to provide such information to the HOA in the first place, record keeping was quite the mess in locating real owners. It was one of my biggest issues I had to tackle when I became President. It was under my leadership we finally got that under control.

Former HOA President
JonD1
Posts: 2,350
Posted:
I have to wonder just what the pros are thought to be for providing such information.

We have had one request for such a list from a ding-dong seeking election to the board. Their history made providing such a listing less than desirable.

We wrote to each owner asking for their permission to provide their contact information. When the signed notices were returned we prepared a copy of those unit owners who had agreed to provide their information. That list which was turned over to the requesting owner contained just one name and unit.

No one else wanted to be subject to contact with this individual. Worked out well in the end.
DanaT (Tennessee)
Posts: 214
Posted:
Any member can obtain a list of members, as part of our Docs. The list is held by the PMC. The only stipulation is you can not use the list to solicit any goods, advertisements, etc. Our Bylaws also require Unit Owner Contact Information, auto info, work numbers, cell and e-mail, if you want to get notified of any special meetings electronically. But here again, this information is required, as per out Docs.

You can view our information form here.

http://www.stratfordcondo.us/pdf/Stratford_resident_info_form_2015(1).pdf

You can view our Bylaw reg here.

http://www.stratfordcondo.us/pdf/Stratford-Condos-Emergency-Contact-Inf-And-Access-To-Units.pdf

KerryL1 (California)
Posts: 14,550
Posted:
Just for clarification, Dana: Can any Member have access to the phone numbers & email addys of other Members?

DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/30/2016 4:12 PM
Just for clarification, Dana: Can any Member have access to the phone numbers & email addys of other Members?


No. The member list only contains the Unit Owners name and address. If any Unit Owners request their name be withheld, then their request should be honored, just as it is, through our Online County Tax Office Website. I use their site to make my members list, 6 out of 300, requested their name not be made public. If I wanted to find out who those six are, I may be able to find out through the County Land Deed Office in person. I truly don't know, as I have never looked into the issue.
JonD1
Posts: 2,350
Posted:
Well again what positive purpose does this policy serve the community?

We have no such directive thankfully.
KerryL1 (California)
Posts: 14,550
Posted:
Two other Owners & I were glad we, in CA, could have the property & mailing address list of all Owners here so that we could send a joint campaign letter so that certain ignorant, arrogant, secretive directors would not be reelected. Two of us three won. The community definitely benefitted.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DanaT on 07/30/2016 5:50 PM
Posted By KerryL1 on 07/30/2016 4:12 PM
Just for clarification, Dana: Can any Member have access to the phone numbers & email addys of other Members?



No. The member list only contains the Unit Owners name and address. If any Unit Owners request their name be withheld, then their request should be honored, just as it is, through our Online County Tax Office Website.

Well, Honored to as far as publishing the list on the web and making it public, I agree with.
Honored as far as a resident directory, I agree with.
Honored as fulfilling a request to a member who asked for a members list, I disagree with.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By TimB4 on 07/30/2016 9:14 PM
Well, Honored to as far as publishing the list on the web and making it public, I agree with.
Honored as far as a resident directory, I agree with.
Honored as fulfilling a request to a member who asked for a members list, I disagree with.

Tim, you may be right, as I have never inquired about this issue via my PMC or BOD. My line of thinking is that if I can have my name withheld from certain Government Agencies, there must be a reason. What it is, I have no idea. It has been my experience that one of the few reasons, a member would want a "Members List", would be to run for office, within the community.

Now in Virginia, being a part of a Condo HOA, the law states that any member can post any information about their HOA business, without approval from the BOD or PMC. This could be another reason to have access to a Members List.

SECTION B.

§ 55-79.75:1. Distribution of information by members.

A. The executive organ shall establish a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves and with the executive organ regarding any matter concerning the unit owners' association.

B. Except as otherwise provided in the condominium instruments, the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners' association.

So, can I have my name withheld from a Community Members List established by my BOD or PMC, I don't know, but I would like to think that if I did make that request, they would have the decency, to honor it. In reality, all anyone really needs is the address. You can always address anything, to their address under the title of "Resident, 1313 Mockingbird Lane, Mockingbird Heights. Los Angeles. Ca". <-- How would you like to have them as a Member of your HOA?
JeffT2 (Iowa)
Posts: 880
Posted:
The non-profit law in most states (including GA, VA and NY) requires an association to maintain a list members' names and addresses. This is one of the required records of a corporation.

The list of names and addresses must be made available to members on request for a proper purpose, at reasonable times, and other restrictions, especially in connection with an election.

I don't see anything in the law that would allow a member to opt out of the list when properly requested by a member.

State law for condos and HOAs may or may not expand on the right of members to inspect/copy the list.

JonD's association (if incorporated) was likely in violation the law in denying the list to a member whose purpose was contacting/campaigning in an election.

This does not mean the list of all names and addresses should be published on the Internet. I agree with others here about permission/privacy concerns.

Use of the list by a member is restricted by law. Here is part of the Georgia Nonprofit Corporation Code:

Georgia Code 14-3-1605.

"Use of membership list

Without consent of the board, a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a member's interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be:

(1) Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation;

(2) Used for any commercial purpose; or

(3) Sold to or purchased by any person."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 07/30/2016 6:54 AM
Dan

I say it cannot be published without one's permission.

Dana summed it up.

Allow me to further clarify. I believe the association can and should maintain an up to date owners and their legal mailing address (no phone #, no Email, etc.) and this information should be available other owners for a proper purpose such as at election time.

Like:

Ed Smith
Owner 123 Main St.
Mail address: same

Or

Ed Smith
Owner 123 Main St.
Mail address:
256 Oak Drive
Anytown, USA, 33333

Nothing more.

DanaT (Tennessee)
Posts: 214
Posted:
@ JeffT2 (Iowa), as we are not incorporated, those requirements do not apply to our HOA.

@ JohnC46 (South Carolina), regarding your last post, I agree with you 100%.

Please keep in mind the OPs original Post. There is a great difference between requesting a Membership List via your HOA or PMC verses having a Membership List published on the www, without your expressed permission. The can of worms that can be opened up concerning this subject, runs the gambit from simple use of Copyrighted Material, to release forms that allow the use of interviews, that are made public, via the www.

JonD1
Posts: 2,350
Posted:
Thank you for pointing out the OP was discussing PUBLIC listing of owners names. Not owners wishing to run for office who can't manage to research property ownership through public records.

We do have a list of owners with contact information. We are not obligated to hand it out upon demand. We are obligated to protect the privacy of the owners who for whatever reason don't want that information shared. In the case I cited just one out of more than 100 wanted us to make their information available.

Now as to the election concerns we have used a rather simple procedure for many years. When elections are approaching we do several mailings through the process. Each person who has announced their intention to run is given the opportunity to provide a letter of introduction which is then mailed out to each owner through our MC. so you might have 3-4 letters of introduction along with a proxy/ballet.

In my view posting owner con tact information on a public site would not be something we would ever do.

DanaT (Tennessee)
Posts: 214
Posted:
Your welcome. This is a very good read about Florida Condo Associations, concerning this issue.

"In summary, most records of the association are available for inspection by other owners (upon written request) but should not be made available to the general public. Certain records (medical records and records pertaining to sales and leases) may never be disclosed to other unit owners. Certain protected information (credit card numbers, social security numbers, etc.) could be disclosed to other unit owners, if the subject unit owner consents, but they would be unlikely to do so. Other “protected” information (such as e-mail addresses, facsimile numbers, emergency contact information, and non-notice addresses) are subject to disclosure through a permission form. Telephone numbers are “fair game” for the association to publish, with or without the owner’s written consent, unless the owner objects in writing to the publication of his/her number.

http://www.floridacondohoalawblog.com/2014/07/articles/operations/what-files-are-protected/
PitA
Posts: 1,416
Posted:
Lot number or tax ID or address and owner(s)name(s) is ALREADY public information.

Simply check at the County or Parish Register of Deeds.

Merely publishing a list of address and owners name is NOT an invasion of privacy.

Any FURTHER info such as, but not limited to, email, actual mailing address, unlisted phone number is a NO NO NO (w/o permission).
KerryL1 (California)
Posts: 14,550
Posted:
Not sure, Dana, who you're saying, "Your [sic] welcome" to.

Since the OP is from GA, it seems that that Jeff's 7/31, 3:37 post is most relevant.

But it's interesting that a FL blog says: "Telephone numbers are 'fair game' for the association to publish, with or without the owner’s written consent, unless the owner objects in writing to the publication of his/her number."

Kinda shocking. Phone numbers aren't available to to CA HOA Members.

but we still don't know what Daniel's underlying reason are for his question.

DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/31/2016 10:35 AM
Not sure, Dana, who you're saying, "Your [sic] welcome" to.

Posted by DanaT "Please keep in mind the OPs original Post". Posted directly below my Post. "Posted by JonD1, Thank you for pointing out the OP was discussing PUBLIC listing of owners names. Not owners wishing to run for office who can't manage to research property ownership through public records". Posted directly below JonD1 Post, "Posted by DanaT, Your welcome". Now you know.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/31/2016 10:35 AM
but we still don't know what Daniel's underlying reason are for his question.

Sure we do. The OP asked, "Does anyone know whether it is permissible for us to publish the names and addresses of owners on our website"?
KerryL1 (California)
Posts: 14,550
Posted:
We certainly know the question, but not the reason(s) for him asking it, Dana. Daniel did a good job of posing his question in a neutral way. That's why I was hoping he'd come back & tell us. Did Daniel favor posting the list to the general public? Or Not?

Since he used the phrase, "permissible for us," I kinda wonder if he's on the Board and the Board is considering this.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By KerryL1 on 07/31/2016 1:11 PM
We certainly know the question, but not the reason(s) for him asking it, Dana. Daniel did a good job of posing his question in a neutral way. That's why I was hoping he'd come back & tell us. Did Daniel favor posting the list to the general public? Or Not?

Since he used the phrase, "permissible for us," I kinda wonder if he's on the Board and the Board is considering this.

Well, that's one opinion. As far as him asking it in a neutral way, IMHO, he was pretty straight forward. Without knowing, I assumed he was on the BOD.
DanielJ (Georgia)
Posts: 31
Posted:
Thank you all for your great responses.

I am on the board of our HOA. The backstory is that we had a resident who asked for the name of the owner of a house that might be a rental. He did not give us the specific address. He is an owner and claims harassment by the occupant of the subject residence. He probably wants to report the situation to the current owner. Instead of giving the claimant the owner's name, it was decided to publish a list of all addresses in our subdivision along with their owners on the association's website which is available to the public. The claimant immediately asked that his name be removed from the list. I'm for deleting the list.
KerryL1 (California)
Posts: 14,550
Posted:
I appreciate your coming back, Daniel! And I do appreciate that your question did not show bias one way or the other.

Now we know what you prefer. Hope you can persuade your board.

Has the man claiming to be "harassed" contacted the police? Or is it not so serious?
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By DanielJ on 07/31/2016 1:54 PM
Thank you all for your great responses.

The claimant immediately asked that his name be removed from the list. I'm for deleting the list.

Very wise choice. You never know how this situation can go against your BOD, quickly. If you do a search for "Making Home Owners Public on our HOA Website", the majority of HOA Attorneys, highly advise against it.
DanaT (Tennessee)
Posts: 214
Posted:
@ DanielJ, another thing that has not been addressed in this thread, has nothing to do with State Law. If you publish someones information without their consent, most service providers, ie, website hosting companies, will remove your website for violating the TOS Agreement. Most will give you 73 hours to comply, then they just click, click, and down goes your site. You can do a search for website hosting, then read the TOS, it will usually be under their "Privacy" clause.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By MelissaP1 on 07/30/2016 7:57 AM
The public information is there already. If someone wants to know, just look at the door/street address of the house. The names are in the phone book or tax records. All of which is PUBLIC. Why re-invent the wheel?

I agree. All this info is public. Why would you keep a separate list? We keep a list of addresses only, for mailings addressed to: Current Resident We dont really care who it is. If the owner requests a different mailing address, its easy enough to add them

As for non-profit law, a HOA is NOT a non-profit. Those laws do not apply. Its a not-for-profit corporation, llc, etc. Income taxes still apply if the HOA makes money.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, Steve, and other states too, upon written request from an Owner the HOA (board or mgr.) must provide a list of owners and their HOA & residential addresses unless such Owners opt out in writing.

The requesting Owner in CA must give a reason, e.g., campaign purposes or to send invitations to social events, etc.

It's much easier to request the list from the HOA than to search public records.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would not post on a public website. Keep in mind you have some situations such as police officers (which my hubby is a past police officer) who DO NOT want their names or addresses published anywhere! After all some of these families will receive letters stating that Mr. X has recently been released from prison, so do you think they want Mr. X to have an easy way of finding a police officer who arrested them for a crime?

You need to check your state laws ... some states allow owners within a subdivision to have access to a list of other owners, but again I would absolutely not make this information PUBLIC via the World Wide Web.
KerryL1 (California)
Posts: 14,550
Posted:
Oops, hope I didn't imply I'm in favor of posting such a list on the web site that's available to the public or even if it isn't. If an Owner wants such a list, they simply request it in writing from mgmt. or the relevant board officer or director..

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