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NancyB16 (Pennsylvania)
Posts: 2
Posted:
Hi!
Our HOA sent a letter today requesting contact information for all individuals living at the address, car information including make, model, color, license plate, the breed, names and description of any pets, emergency contact information and copies of our homeowners insurance declarations page. They also are requesting notification of health-related needs, physical and medical. I've lived here 5 years and have never had to give so much information before. Plus, If the unit is rented, they are requesting copies of the leases..

Can they legally require all this information? Can I fill out what I feel is necessary and not provide the rest?

The townhouse is in Pennsylvania.

Thank you for any advice, clarification or insight.
Nancy
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By NancyB16 on 09/20/2018 4:34 PM
Hi!
Our HOA sent a letter today requesting contact information for all individuals living at the address, car information including make, model, color, license plate, the breed, names and description of any pets, emergency contact information and copies of our homeowners insurance declarations page. They also are requesting notification of health-related needs, physical and medical. I've lived here 5 years and have never had to give so much information before. Plus, If the unit is rented, they are requesting copies of the leases..

Can they legally require all this information? Can I fill out what I feel is necessary and not provide the rest?

The townhouse is in Pennsylvania.

Thank you for any advice, clarification or insight.
Nancy

Nancy

I say all except personal health issues could well be within their rights.

GlenM4 (Tennessee)
Posts: 141
Posted:
have you looked at the CCRs, does it say you have too?
KerryL1 (California)
Posts: 14,550
Posted:
Our high rise requires all of that from renters and owner-occupants except medical conditions and dog breeds (we have no restrictions, except 2, max.) We do ask if anyone in the unit would need assistance in an emergency and for the name contact info of someone to call if an emergency.

We don't require copies of leases, but I believe it's common to be asked for them.
KerryL1 (California)
Posts: 14,550
Posted:
Nancy, I don't think you should waste your time reading your CC&Rs about this topic. It's hard to imagine it'd be in them.
JenniferG12 (Texas)
Posts: 103
Posted:
Quote:
Posted By JohnC46 on 09/20/2018 5:06 PM
Posted By NancyB16 on 09/20/2018 4:34 PM
Hi!
Our HOA sent a letter today requesting contact information for all individuals living at the address, car information including make, model, color, license plate, the breed, names and description of any pets, emergency contact information and copies of our homeowners insurance declarations page. They also are requesting notification of health-related needs, physical and medical. I've lived here 5 years and have never had to give so much information before. Plus, If the unit is rented, they are requesting copies of the leases..

Can they legally require all this information? Can I fill out what I feel is necessary and not provide the rest?

The townhouse is in Pennsylvania.

Thank you for any advice, clarification or insight.
Nancy


Nancy

I say all except personal health issues could well be within their rights.


I agree. Emergency contact is not bad to ask for, but only on a voluntary basis.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you want to know what is or isn't legal, go to a private attorney. We aren't lawyers and since there are a number of people posting from different states, what's true in mine may not be the same for you.

I would agree the board doesn't necessarily need the health-related needs, BUT such information may be useful if, for example, there's a major blizzard and a resident needs to get to dialysis, but the streets are in bad shape. Or there's a tornado and another resident has mobility issues - if that townhouse was severely damaged, emergency services may need to know that so they can prioritize a rescue. You might want to ask the board how this information will be used and what will be done to protect the resident's privacy.

As for rented units, some communities do require that leases contain certain clauses, such as the tenant agreeing to comply with community rules and giving the association the right to pursue the tenant if he/she violates them. The homeowners insurance information may be helpful in verifying people have it and there's no overlap in coverage between the association master policy and the individual policies. Of course, the homeowner should have his/her agent contact the association at the start so he/she will know what needs to be included.

There are practical reasons for requesting the other information also. If you're out of town and something happens to your home, wouldn't you want the property manager to have an emergency contact in case he or she couldn't reach you immediately? Knowing who owns what car or pet can be useful in identifying problems like residents who consistently park in the wrong spot or let their dogs run wild all over the neighborhood.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
I can speak fro many management companies in saying that some of the information being requested is pretty commonplace, but UNLESS there are specific language in the CCRs, they are crossing a line.

For instance, you don't ask for the breeds of the animal, unless the CCRs have restrictions. You never ask for medical information. None of the ******* business. Asking for your homeowners dec page, there better be authority in the CCRs. The authority to demand leases better be in the CCRs also.

Who the hell has time to track this information!

ND (PA)
Posts: 792
Posted:
Nancy,

They can request whatever they want. And you can provide whatever you want. You'd need to consult a lawyer as to what is or is not legal.

If it were me, I wouldn't waste anymore time on it. Just don't fill it out. And unless you're really curious, there's no need to do any sort of research on what parts you should or should not fill out.

If it is info they truly need to obtain and they have a documented right to obtain that info, then they will ask for it again and provide the documentation to support their need for the info and your need to fill it out. If they don't provide proof that they need and are allowed to request the info, simply ask for the proof. Put onus on them instead of feeling like it's on you.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Most of these questions are okay. The breed of animal is important for insurance purposes. My insurance point blank asks me what breed of dog I own. They charge more for the "aggressive" breeds like Doberman, rotty's, and pits... So that sounds like the context the HOA is asking for.

The copy of the lease isn't unusual. They do need to account for how many units are rented. I recommend putting in the lease the renter are to follow the HOA rules.

The information you should NEVER EVER give your HOA is your Social Security number. They do NOT need it. Otherwise, in case of emergency, other address they can contact you, and the other things you listed sound okay and optional. Don't think they need my renter's information. Just my contact information if the renter causes issues.

Former HOA President
TimM11
Posts: 354
Posted:
We request the car information for parking enforcement purposes, but none of the other information. Certainly not the health stuff.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NancyB16 on 09/20/2018 4:34 PM

They also are requesting notification of health-related needs, physical and medical.

I would ask why they are requesting such information as you believe it to be a violation of privacy especially since the HOA would not be covered under HIPPA.

At the same time, suggest that if this is in case of evacuation needs that simply asking if assistance would be needed vs. actual medical information would be a better option.
CjC
Posts: 210
Posted:
I know from personal experience that if you have a medical condition that may require assistance in power outages, blizzards etc... it is best to call your local fire/ambulance company and let them know. We were given this advise as well as filling out a medical form for the power company. This gave the power company knowledge of the medical apparatuses at our house and we were prioritized if we lost power. The fire station would also know a bit of the medical background if they got a 911 call from our house. This is WAY more important than letting the HOA know.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with you CJC, but it sure can't hurt to let your HOA know, especially in high rises where the elevators often get knocked out of use, and if you have staff on the premises to help once they've done their emergency assigned duties.
RichardP13 (California)
Posts: 3,868
Posted:
I saw this in the News Articles of this website.

LAS VEGAS (KTNV) - A legally-blind woman was hit by a $4,000 penalty by her homeowners association -- all for apparently not filling out a form.

Island Park Condominiums, near Eastern Avenue and Windmill Lane, was paradise for Joan Flurry until recently.

"They asked you who lives there, how long you've lived there, who if anyone else was living there the animals you had, what they were," she said.

Flurry is referring to a mandatory owner registration form. She says she filled it out, even signed up her 10-year-old tuxedo cat, Miss Bootsie, and sent it in. But there was a problem.

Flurry claims the HOA claimed they never got the paperwork. A short time later, Flurry says without a hearing or other notices, letters threatening legal action and thousands of dollars in liens started showing up. It eventually added up to $4,000.

"I mean right now she's held hostage by this debt," said Stephanie Dibbs, a family friend and realtor. "We have to sell her condo she needs the money now that she's in an independent living facility."

Dibbs tried to go to bat for Flurry to clear the lien, which is almost two months rent at her new place. But she couldn't even get a phone call returned.

"Yes, it is outrageous," Flurry said. "These HOAs seem to be able to get away with murder and you know you have no one to fight for you, if these people answer you, where do you go, who do you turn to?"

Contact 13 reached out to the HOA's management company. Nicklin Property Management says they separated from the Island Park Homeowners Association after "irreconcilable differences."

That led Contact 13 to the HOA's new management company. The board had a change of heart, reversing the lien and fees without further explanation.

Contact 13 spoke to an HOA legal expert, who says state laws dictate penalties must be on par with the offense. He says in this case, a $4,000 lien is outrageous for a piece of paper.

For Flurry, she just sold her condo and it's back to peace and quiet.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By RichardP13 on 09/26/2018 2:21 PM
"Flurry claims the HOA claimed they never got the paperwork.

Again pointing out the importance of making sure there's a paper trail. If she had sent it certified mail, return receipt requested, she'd have a much stronger case.
NancyB16 (Pennsylvania)
Posts: 2
Posted:
Thank you all for the information. I read through the CC&R's and the only requirement is for lease copies and rental tenant contact. I am going to send in the form with my basic contact and vehicle information.

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