Privacy question

Started by SR2 • 4 replies • 1203 views

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SR2 (Arizona)
Posts: 1

Posted:

For years the HOA has issued a telephone directory to members and made personal announcements regarding deaths and funerals. The directory contains names, unit number, telephone listings (is more than 1) and for the last several years email addresses for those owners wishing to share that information. The directory is more of a social directory, used by owners and is not to be shared with outside agents, such as realtors, seeking access. None of the information contained in the phone directory is of a confidential nature.

Recently the board president has cited AZ privacy concerns preventing even announcements of recent deaths or funerals for neighbors.

While AZ law (32-3801) appears to address professional bodies and professionals regarding privacy issues containing personal confidential data, I have been unable to determine how an HOA should now handle its telephone directory or other announcements of a 'personal' nature?

1) Telephone directory:Should the board make an announcement at a board meeting that owners must contact the individual responsible for maintaining the contact list, or can this list be continue to be updated and sent out to owners as in the past?
2) Personal announcements: Are board members allowed to announce if a member of the community has died, or if there's a funeral? It appears churlish not to be able to do so.

I would welcome feedback and guidance on this topic.

Thank you.

SheliaH (Indiana)
Posts: 6,964

Posted:

I don't know why your board president didn't just ask the association attorney or read the statute - the association isn't a professional body like a medical association. That being said, some people do prefer to keep deaths and funeral information private, which is why some death announcements in the paper say services will be private or there will be no calling.

It's only polite and compassionate that board members or anyone else ask the family if it's ok for them to notify the family of someone's death before doing so. To make things easier, just make the contact information available to homeowners as you have been, giving people the option to opt out. If they want people to know of a homeowner's death or someone in the homeowner's household, they can take care of that on their own, although the board can offer to get the word out if they wish.

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

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By SR2 on 11/10/2017 12:51 PM
For years the HOA has issued a telephone directory to members and made personal announcements regarding deaths and funerals. The directory contains names, unit number, telephone listings (is more than 1) and for the last several years email addresses for those owners wishing to share that information. The directory is more of a social directory, used by owners and is not to be shared with outside agents, such as realtors, seeking access. None of the information contained in the phone directory is of a confidential nature.

Recently the board president has cited AZ privacy concerns preventing even announcements of recent deaths or funerals for neighbors.

While AZ law (32-3801) appears to address professional bodies and professionals regarding privacy issues containing personal confidential data, I have been unable to determine how an HOA should now handle its telephone directory or other announcements of a 'personal' nature?

1) Telephone directory:Should the board make an announcement at a board meeting that owners must contact the individual responsible for maintaining the contact list, or can this list be continue to be updated and sent out to owners as in the past? We include the names and addresses of all our members in our directory as that is also "public information" via the County Records regarding property owners. Our members are then asked if they would like their telephone number or email included in the directory and to provide their information when updated each year.
2) Personal announcements: Are board members allowed to announce if a member of the community has died, or if there's a funeral? It appears churlish not to be able to do so. That generally is "public information" generally announced via the local newspaper. Therefore, if the board is forwarding information they found via a public venue ... there would be no privacy issue.

I would welcome feedback and guidance on this topic.

Thank you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

My Association used to put together a residential directory.
However, as you pointed out, privacy laws became a concern.

Our Association then asked those who wanted to be listed to contact the board.

We had such a poor response (10 out of 130) that we simply quite publishing the directory.

Tim

GeorgeR8 (Arizona)
Posts: 182

Posted:

Quote:

Posted By SR2 on 11/10/2017 12:51 PM
For years the HOA has issued a telephone directory to members and made personal announcements regarding deaths and funerals. The directory contains names, unit number, telephone listings (is more than 1) and for the last several years email addresses for those owners wishing to share that information. The directory is more of a social directory, used by owners and is not to be shared with outside agents, such as realtors, seeking access. None of the information contained in the phone directory is of a confidential nature.

Recently the board president has cited AZ privacy concerns preventing even announcements of recent deaths or funerals for neighbors.

While AZ law (32-3801) appears to address professional bodies and professionals regarding privacy issues containing personal confidential data, I have been unable to determine how an HOA should now handle its telephone directory or other announcements of a 'personal' nature?

1) Telephone directory:Should the board make an announcement at a board meeting that owners must contact the individual responsible for maintaining the contact list, or can this list be continue to be updated and sent out to owners as in the past?
2) Personal announcements: Are board members allowed to announce if a member of the community has died, or if there's a funeral? It appears churlish not to be able to do so.

I would welcome feedback and guidance on this topic.

Thank you.

We announce deaths on our Facebook page. We do not give information about the funeral.

Years ago we had a directory. It had too much information. It even listed if they were snowbirds. I changed that. Why make a list of units empty for 6 months, single women living alone, other addresses of snowbirds? I changed that. Names, addresses, and phone numbers with the choice of opting out of the phone number part was all I gave out. Now, and I covered this yesterday at our annual meeting, we will be following ARS 10-11601 of the Non Profit Corporation Act. The opinion I received was " ARS 10-11601 clearly states that only names and addresses are required. Phone numbers and email addresses are not required under the statute. An association may request that members provide it with phone numbers and email addresses. The association, however, should not transmit phone numbers or email addresses to members." So... yesterday I gave out the new list. Address and last name is all it had.

It only takes one unhappy person or a list falling into the wrong hands to make you wish there was never a list. For years we never had problems but as I said it only takes one person.

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