Transmitting member's personal info to 3rd party

The first 1/3 of our development is a public road. We have no gates or signs that say private property. Our bulletin board where all the meeting notices are posted is next to the public road. All our roads are accessible to the public. Every time I file a small claim, the president posts every page on the bulletin board. It contains my name, address, phone number and email address.

The mailboxes are right next to the bulletin board. They have been broken into twice and had to be replaced at significant cost. So there is crime close by. My house is 1 mile from the bulletin board.

Some might argue that the claim with my personal information on it is public information. It's true that anyone can go to the court clerk and pay to have a copy made. But along comes civil code section 5230c1B which says an association shall not transmit a member's personal information to a third party without the consent of the member unless required by law to do so.

I've never objected to their posting it before but considering the recent crimes and the statutory prohibition on the association, do you think it would be appropriate now? Thanks in advance.

You'd have to prove the information actually went to a third party - just because it was posted doesn't mean a random person came by and copied the information. Criminals are more interested in trying yo break into someone's home or mailbox, so having your personal information probably means nothing to them, unless someone's savvy enough to try and use that to get more personal information to monetize it ( e.g sell it on the dark web.)

That said, the board president probably did this to embarrass you (dammit, here come Terri again with yet another lawsuit every time she doesn't get her way.) Take a time and date stamped photo of this and show it to the judge. Oh, you'll also need to prove the president did this - did you actually see him or her?

I read Civil Code 5230(c)(1)(B). I think it's more than appropriate. I would send them a letter right this instant to cease and desist, or else. I would haul their derrieres into court post haste over this. I would name the President as an individual defendant. If I had an attorney I was consulting from time to time, I would ask her her opinion.

Thank you, Shelia, the sign on the bulletin board says to post contact the president for permission, with his phone number.

Thank you, ElleN. What I just did was send the board an email opting-out of sharing my personal information per 5220. Not that they will pay any attention. Even a fellow member has to submit a written request with a reason to get a member's personal information. Then I have to think about it more. I really value the comments here from you and others.

Terri, I see what you mean, re Civil Code 5220 and opting out.

I trust you saw that the statutory limitations for phone numbers are stricter. I imagine your HOA's bylaws do not say phone numbers are to be included in the membership list.

I think the statutes are clear that name, address and email addie (for those who have not opted out) go out only when another owner requests the "membership list." I would raise this point out as well. Clearly the HOA is not responding to an owner's request for the membership list. Clearly posting all your contact information, all by its lonesome, is not the membership list.

Terri, in case you have not seen this yet:

Telephone Numbers. The right to a membership list does not include the right to phone numbers. The member list only includes members' names, property addresses, mailing addresses and email addresses. (Civ. Code § 5200(a)(9).) The exception is if the association's governing documents require that phone numbers be included with the membership list.

See https://www.davis-stirling.com/HOME/M/Membership-Lists

I say a small claims court action against an association should be public information to all association members. If one cannot stand the heat, then get out of the kitchen.

I am fine with the HOA distributing information about a lawsuit to owners, but only to the extent the covenants and state law allow. By not redacting the owner's address, email addie and phone number, and since this giving out the OP's address and email addie was not due to a "membership list" request, in my opinion the HOA is violating the covenants and state law. Distributing an owner's contact information in this fashion is pure harassment.

Thank you, ElleN. I have a Request for Order ready to file on the day they post everything.