HOA Copy of Driver's License

If you want legal advice, you need to see a private attorney. You might also want to check your documents to see what it says about parking.

As a practical matter, I don't see why the HOA would need a copy of your driver's license (most don't list the make, model or color of the car, nor its license plate). That said, you said you received three notices threatening to tow your car. What happened after you got the FIRST one - had you already paid for the parking permit? If so, did you notify the property manager (and give them a copy of your receipt?) Have you brought this to the attention of the HOA board of directors? If so, what was their response?

You didn't say if you are a homeowner or are renting the unit - that shouldn't make a huge difference, but this sounds like you are. If that's the case, you need to contact the landlord and have him or her fight this on your behalf. The landlord is a member of the HOA, not the tenant, but he/she is ultimately responsible for ensuring all his/her visitors, tenants or members of the household comply with HOA rules. Therefore, the owner should have arranged for you to get a parking pass when you rented the unit.

I'm not familiar with GA law, but my guess is that there is no law against them asking. As Mark mentioned, whether the HOA has authority to require the DL should be in your governing docs. If you have doubts about the requirement, ask the board under what authority they are asking for the DL.

I don't have my social security number on my Driver's license. All I have is my address and my picture. Not much information to be gleamed from it that isn't already public.

I'm with Tim. We have gated underground garages and even then, though we ask for lots car info of residents & guests, we do not ask for DL info. What's the purpose??

CC&Rs

also known as:

Declaration of Covenants, Conditions and Restrictions
The Declaration
The Covenants
Deed Restrictions

With the glaring exception of your DL number.

Having been the victim of identity theft, I don't wish that on anyone.

Here are some articles:

8 Numbers Identity Thieves Want to Steal From You

What is Identity Theft?

Top 16 Pieces of Your Information Identity Thieves Crave

First' I wish to say thanks to you all !_!
The property manager for the HOA did respond and she denied my parking permit. No' she have not refunded my money. Her reason for denying me the parking permit; she said that she need to be able to see the driver's license number and the expiration date on the license, I did mark over this information. She stated that she need to be able to see if the license have not expired. She did not say why she need to be able to read the license number. The only thing I allowed her to be able to read on the license was; name, address, gender, and photo.

Now' I did request a copy of the CC&Rs and Bylaws, thanks to you all! No where is the CC&Rs, Bylaws and the HOA Handbooklet. Do it say anything about give them a copy of my driver's license. It just states to apply for a parking permit to be allowed to park in the common parking area. Also' I want to let you all know, that the property manager per the HOA stated they need copy of everyone that reside in our home copies of thir license. They did not state why they need everyones license. The property manager did state that they have requested a hearing with the HOA Board. I was not given a date. But' per the CC&Rs they have not less than 7 days nor more than 21 days to conduct the hearing. In the meantime per the CC&Rs they can still fine me and each fine is seperate and tow my car. Now' help me to understand something, I thought this was about a parking permit. Not about my driver's license. This is about my car parked in the common area parking on the HOA's property; is it not? And' please can someone explain to me, if they do not respond or have the hearing within 7 - 21 days, what will have or what should be me next action to take?

Oh' I am going to visit the Law Library to do futher researching! Once again' THANKS !_!

Boards can enact reasonable Rules & Regulations governing the community and the property. If they claim the requirement to show a driver's license is a "reasonable" prerequisite for obtaining a parking permit then that's going to be where you should focus. In that case nothing in the other governing documents will necessarily help you, unless, of course, the rules for obtaining a parking permit contradict anything in the other docs.

Personally, I think it is not reasonable.

If it’s not in the documents or HOA handbook, do you know if the board set another rule about this some time ago? If so, when? Check the board meeting minutes – there may be a copy of a resolution in which this rule was adopted, perhaps before you moved in. Ideally, the board would have notified all homeowners with an effective date and updated the HOA handbook accordingly.

If you don't find anything in the law library about a situation like this, that doesn't mean the board can't (or can) enact such a rule - the real issue is whether it's really necessary. I suspect someone thought it would be a good idea to collect driver’s license information to better match it with the car, but personally, I think the only information the Association might need is information on your car (make, model, year, color and VIN). That can be cross walked to a specific permit, so if you see two 2007 black Cadillac Escalades, for example, you can see which one has a permit and if the VIN number matches office records. That can help prevent unauthorized cars from clogging up the parking lot.

Or the association can simply assign parking spaces and let the homeowners be responsible for who parks there We recently repainted our parking lots and the assigned parking spaces have numbers that correspond to a specific unit. If someone's in a numbered spot, it's up to the homeowner to file a complaint and have it towed.

What would the PM company do if a vehicle was owned by a company? The car permit is independent of the driver.

PITA does it again! HE is exactly right. The HOA/Condo has no right to driver license information. It states a date of birth and the information there can be used for identify theft. I have been victim of identity theft. It is unknown how my info was "thieved" but you can believe I am much more mindful of sharing personal identification information with anyone just because they ask.

My HOA is required to re-certify its Over 55 status every two years and asks everyone for copies of the Driver License or birth certificate. I say "No".

Even if the Covenants attempted to force me to disclose my personal information, I would disregard what the Covenants say about it. I would rather deal with the HOA than deal with the hell that the IRS and banks put me through when my SS# was filed on and credit was opened in my name.

Confused? Do you mean they want a copy of your Driver's license of which your legal to drive or a copy of the Car license on the car? Do they want both?

I agree don't think they need a copy of your driver's license but should be able to view it to verify your identification. Your Car Tags a bit different. Need to verify those are your vehicles and registered. I am sure that's in place to make sure proper licensed vehicles are in compliance with the law. (NOT just HOA law).

Henry- Please define License and Tag for us.

is the vehicle registration they are asking for?

I don't understand how there are other licenses for the other vehicle? Do people in GA have more than one driver's license?

In bold is what threw me off. I'm guessing he means the driver's licenses of the people who drive those cars.

Thanks

Consulting an attorney is exactly what I would do in this case. Take all your governing documents with you. If it were me, I'd tell the president that I'm going to a attorney and invite her to tag along. (in writing).

Sounds like invasion of privacy to me.

So the Board said ___________.
The HOA lawyer said __________.
The President said ___________.

What did your lawyer say?

If you do not hear anything tomorrow, have your attorney hit them with a 15 day demand response letter.

Not quite correct.

It is a HUD requirement.

however

One is allowed to 'self certify' w/o producing any 'proof' by simply making a written SIGNED statement of one's age.

Wanna bet ?

from HUD:

Questions and Answers
Concerning the Final Rule Implementing
the Housing for Older Persons Act of 1995 (HOPA)

Question 9
Is there any other documentation that would be considered reliable for age
verification?
Answer
Yes. A self certification in a lease, application affidavit, or other document
signed by an adult member of the household asserting that at least one occupant
in the unit is 55 years of age or older will satisfy this requirement.

Florida is very lenient about the age certification. It accepts pretty much whatever it is given. HOA often is paranoid and thinks the HUD police will come after them unless they collect age data every two years. HUD will be in touch if they don't like your recertification method.

In my experience, the main problem is potentially when an HOA is REPORTED as providing certification on OWNERS rather than OCCUPANTS. Two very different things. HUD requires certification of OCCUPANTS. In many older communities, that can mean TENANTS.

In another instance, owners challenged the age requirement as not being in the Covenants and there is FL case law ruling against the HOA and requiring them to market as a "family community". HOA's should be mindful of ALL the requirements of HUD for qualification as "over 55+".

There is so much PII on Driver's Licenses I'd be skeptical too. At the least there are privacy laws to be complied with.