💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PatriciaL1 (California)
Posts: 78
Posted:
Hi, I live in California. Bill SB323 just changed a lot of things about our elections.

Here is the part that concerns me now: An association who currently has a list of member emails must now add those emails to the membership list and make them available to any member who asks for them. Even if members intended their email addresses for HOA communications only.

We have such a list, and use the email addresses only for the newsletter and a rare emergency bulletin. I am looking for an OPT OUT form for homeowners to sign that says we can continue to use the email address for the newsletter but they wish to opt out of sharing their information with other homeowners.

Have any of you run into this? Does anyone have a sample letter?

Thanks, Patti
KerryL1 (California)
Posts: 14,550
Posted:
I'm sure MarkW's form will be a good one. Our HOA board, with our HOA attorney present (!), mistakenly decided it wanted an "opt-in" form instead. Bg mistake as SB323 specifically says it must be an "opt-out" form.

Fyi, no owners signed the "opt-in" form.
MarkW18
Posts: 1,290
Posted:
The form is nothing fancy, just to comply with Civil Code when sending out the Annual Disclosure and Statement packages. If a owner requests a membership list, it will now include email address, unless the owner opts-out. When they opt-out, they also are opting out of the HOA list to receive correspondence from them.

As far as the opt-in form, something must be on file in a written format that an owner wishes to receive documents via e-mail. We send forms when they get a welcome packet, it is on the front page of our web site and is on the association's web portal. We have somen association at 95% of acceptance. Makes it so much easier, and cheaper, to send out correspondences.

NpB (Arizona)
Posts: 605
Posted:
For those who have opted-out of email, suppose an owner types in the name of that person in an internet search engine and finds out their email that way and then sends the owner an email that beings with "Dear Owner, I found your email address while doing an internet search for your name." I'm assuming there are no state statues that prevent that because there is no solicitation for commercial purposes being conducted.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If your doing that I would be waaay p'ssed off. That is not the HOA giving out the information but you being "nosy".

Former HOA President
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By MelissaP1 on 06/01/2020 4:48 AM
If your doing that I would be waaay p'ssed off. That is not the HOA giving out the information but you being "nosy".

How about using a free public online directory for telephone numbers and Contacting the owner that way for non commercial purposes?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Many of those sites that information isn't necessarily "Volunteer" with putting that information out. If you want the information it should be from an official resource NOT google... Otherwise it's like your violating ones privacy. Plus what excuse are you going to assign if someone doesn't respond to your email request? Plus do you think that person isn't going to complain to the HOA for releasing that information IF they have an opt-out option? I know would not be happy with my HOA. However, it may not be their fault if someone googled it. It just looks like it.

Former HOA President
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By MelissaP1 on 06/01/2020 4:11 PM
Many of those sites that information isn't necessarily "Volunteer" with putting that information out. If you want the information it should be from an official resource NOT google... Otherwise it's like your violating ones privacy. Plus what excuse are you going to assign if someone doesn't respond to your email request? Plus do you think that person isn't going to complain to the HOA for releasing that information IF they have an opt-out option? I know would not be happy with my HOA. However, it may not be their fault if someone googled it. It just looks like it.

No law prohibiting someone from going to a commercial online phone book website and finding someone's phone number and then calling to discuss HOA issues, which is non commercial and non solicitation.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well good luck in getting someone to accept a discussion with the HOA with you... If I didn't give you my information willingly or knowingly, I'd be the last person that would talk to you. Not cool in my opinion to use that tactic.

Former HOA President

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here