Directory

Do you think it is discrimination or a privacy issue to list who is a first degree family member and who is a renter in the directory?

A homeowner had a request, to the board, that we identify renters and first degree family occupants in directory. Board agreed,,,but now having second thoughts because of privacy issue. Our gov docs state first degree family can occupy unit. We allow 4 rentals and have obtained consent from them to be listed in directory.
Your thoughts?

i.e. John Doe xxx.xxx.xxxx
123 Main Street
email........
FIRST DEGREE FAMILY

SandraH10, is this a condominium?

-- It turns out that Minnesota's Nonprofit Corporation Act does not require a membership list to be made available to those members who request it. See https://www.revisor.mn.gov/statutes/cite/317A.461

-- Nor do I see a requirement to maintain a list of members in the Minnesota Condo Act. See https://www.revisor.mn.gov/statutes/cite/515A.3-116

-- The Minnesota Common Interest yada Act says the HOA has to keep adequate records of its membership, but does not specify what this means. Since it is silent, and since nationwide the custom is to make available lists of the members with addresses, this is all I would do.

-- In my experience, anything more on the membership list is indeed an invasion of privacy and as importantly, not supported by the governing documents as an activity the Board or HOA should undertake.

We operate under MN Statute 317A Nonprofit -
We have not opted into MN 515B.

But publishing the directory is nothing that any Minnesota statute or your governing documents require.

Your question is not a HOA question.

Homeowners can request a resident list..no one has, to my knowledge. They like our directory....this lists the owners and renters names,etc.
Here's the issue:

we have 66 units and the directory may list i.e. 75 names. We list the owner's contact info and if a first degree family member is occupying unit, we list his/her name but do not identify if first degree family.
Since the HOA is already acting outside its scope of lawful authority by publishing a directory, I do not see the difference between publishing other things outside the scope of the HOA's lawful authority.
When you cite the section of your governing documents that states the board has the power to make such a decision, then there might be a question here that actually relevant to the purpose of the forum.

You're in the camp of, "The Board is the lawful head of the corporation, therefore it can make up what duties it does and does not have," correct?

When one makes up a duty for the Board that does not exist in state or federal law, the above happens.

In this era of privacy concerns, I would support only a directory as developed from open source tax records - ie, if it isn't in the tax record of the property, it doesn't get listed.

I've lived in neighborhoods with great directories - leather bound when someone moves in if the old one wasn't delivered to them at closing. Nice listings for social, kids, etc. All probably a bad idea, now.