Privacy Practices

Hello, I am new to this site and also just elected to our board as the HOA President. I am in California, is there a privacy act that forbids the listing of new owner's names, space numbers and phone numbers in the monthly newsletter? The office releases all information monthly to the editor for circulation. I was told by someone in another park that this falls under the privacy act and should not be done. I have not been able to find anything on this so I thought maybe someone can help me out. The information does come out once a year in a telephone directory, and the resident has the option to have the phone number unlisted. Any help is appreciated.

There is no such privacy act in California. An owner is allowed to opt out of providing their information, but email addresses are required to be provided as long as an owner has opted in.

The rule of thumb is that just because some info is publicly available (names, addresses, etc.), it doesn't give any entity outside of the one maintaining that info to proactively publish it.

It's the difference between homeowners being able to ask for and receive the info vs. deciding to give them the info whether or not they've asked for it.

I'm in a different state, but our attorneys recommended that our community directory be opt-in rather than opt-out - ie. we won't publish people's information unless they've actually given us permission to do so. Once something is accessible on the internet, you should assume that anyone can get a hold of it, including those who have no right to it and who will misuse it. Many people want to keep a low profile, and they aren't necessarily hiding from a stalker or other bad guys. (Some years back, a woman in another community in my area was shot to death by her ex-husband - outside her home, in broad daylight. I also know someone who is probably in some form of witness protection. And this is a fairly calm and peaceful area - a friend refers to it as "Mayberry". You just never know.)

Aside: for people in community associations who want to protect their personal info, consider getting a separate email address and phone number (burner phone or Google Voice number) that you use only for association business.

You will always have that member who will complain the HOA is not sharing information. However, no one said it can not be upon written with the information people opt in to release.

I am with Cathy on this. Having been a stalking victim myself. I am very hesitant about who can view my information. I do not use my real name on social media or emails. People will complain about it! Had several people attack me for refusing to give that information out. As if they had a right to it. Better safe than sorry. Had one poster try to post my personal address on a forum once. Luckily was not my information but it was someones.

So do not publish it but say upon written request. That way can make sure who gets the information is a member.

Keep in mind the 'membership list' in California cannot be used for certain things or you may become liable or subject to punitive damages"

Corporate Asset. A membership list is a corporate asset. (Corp. Code § 8338(a).) Without the consent of the board a membership list may not be:

(1) Used to solicit money or property unless such money or property will be used solely to solicit the vote of the members in an election to be held by their corporation.

(2) Used for any purpose which the user does not reasonably and in good faith believe will benefit the corporation.

(3) Used for any commercial purpose or purpose in competition with the corporation.

(4) Sold to or purchased by any person.
Penalty for Misuse. Any person who misuses a membership list is liable for any damage caused by the misuse, including punitive damages for a fraudulent or malicious misuse. (Corp. Code § 8338(b).)

California has state statues that supersede any advice given here.

To develop Max's point, Cynthia, only CA statutes apply to your association. Competing opinions you see here do not apply. Here is CA Civil Code 5200 "(9) Membership lists, including name, property address, mailing address, email address, as collected by the association ... but not including information for members [owners] who have opted out pursuant to Section 5220."

I'd forgotten about phone #s so looked up the Civil Code and, as you can see, they are not required to be given to Owners.

But, still agreeing with others, I would not publish any of that info in a directory or even on the assn. protected website. Owners simply need to ask in writing for this info.