HOA Members List

I have requested a HOA Members list (including e-mail, and mailing address, phone number) from my HOA Management company, they refuse to comply or respond to my request. Is there a statute under CCIOA that requires the HOA to give requested information. I've talked with others and all say they have to by law.

Not sure about Colorado, but in North Carolina owner info is covered under privacy laws and will not be distributed by the HOA.

- our board asked our external hoa manager for email addresses of our hoa members... she gave it to us... are u on the Board?

What you quoted us to wrong, but remember there are 50 states and some HOA state laws are more extensive than others, so you need to see the regulations in your own state. You also need to check your documents to see what they say. Some HOAs were Established before the internet, emails and text messages, so state law might not have caught up get.

Your HOA may ask what you want the list for - sometimes, you're only limited to using it for association business, such as running for a board position, so be prepared for that question and to answer it. Some homeowners may opt out of having their name or emails included on a list that can be distributed to other homeowners and so you may need to use snail mail to contact them.

I'm not suggesting you not make your request but you should be aware of assorted issues - its not always the property manager being obstinate - and they work ar the board's direction, so your real problem may be them

you might want to check yourself.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_55a/Article_16.pdf

55A-16-01 and 02

Why are you against access to your membership list? If you don't want to be on it, then perhaps don't buy into a membership group that requires (by state law) the access to this list?

Robert,

You have a right to review. You don't have a right for the board to send you a copy.
You can make a copy, but you have to actually go in and review (if this is what the MC desires to push).

Therefore, make a request to review the membership list (vs. having them send you a copy).
Cite the statute and your governing documents.

Example:

In accordance with Colorado statute xxxx section x, paragraph y, Colorado statute xxx (if incorporated, CO corporate law would also apply) and our governing documents, CC&R section x, Articles of Incorporation section y, and the Bylaws section z, I am formally requesting to review the membership along with all contact information associated with it (Owner, lot #, mailing address, phone numbers and emails).

Send the letter certified, return receipt.
If you do not hear back, take the next step:

If there is an ombudsman - contact them.
If the MC requires a license, make a complaint on that license.
Hire an attorney to write a letter on your behalf requesting the info.

PatJ1, there are no legal limits about what can be on a homeowner list. As long as what's not considered "public record" has been explicitly allowed by the homeowner.

Are you sure who is a member of a HOA is not public record?

I want you to cite some of these court cases.

By my reading: First, HOA/COA records requests cases do not land in appeals courts very often. Second, corporate records requests cases have landed in appeals courts, and I certainly would not say that the courts have favored the corporations. More typically the corporation is attempting to stonewall a shareholder/member by forcing the shareholder/member to file a lawsuit. This is why some legislatures have made records inspection laws more friendly to HOA/COA members in recent years.

Of course, someone who would say an owner who is exercising his or her lawful, statutory rights to inspect records is "pestering the HOA" would bend the truth. Seriously? You consider owners requesting to inspect records to be pests?

Just checked further I see no where that Owners' phone numbers must be given out. Owners have the right to review and to have copies of the lists. Nowadays, Our PM just sends an Owner the list via email and charges nothing.

HOA lso, by the way must also give Owners copies of all of the governing documents. This is not a "courtesy" as a certain poster keeps writing,it's a requirement in CA. This varies form state to state.

CCIOA does allow for the membership to have the names and addresses of those in his/her HOA. However, email addresses and phone numbers come under personal information and by Colorado law may not be disclosed unless the homeowner agrees to it. This does not pertain to the Board - their information must be available to all members of the HOA and must include email addresses and phone numbers. You may want to check with your HOA attorney (which is what I did for similar instance). Not sure why there is no response from your PM - they should know your covenants and be able to respond appropriately.

I would hope you have a section in your Declaration and covenants that refers to 'inspection of records' which should define this issue. I live in a very young and small (96 units) community and we have the basic boiler plate Declaration and CCR's which do have this section.

RobertR: Have you checked your own CC&Rs or perhaps Bylaws on this topic???