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KD1 (Indiana)
Posts: 1
Posted:
Hello. I am a newbie here, so I applologize if this has been dealt with before. I am a board member of my HOA with 156 members. We have two board members who started a neighborhood web site on a Yahoo group. My main question is this:
Is it legal for them to publish a directory of all of the residents without their permission online or add homeowner names to Google maps online? If not, what law specifically forbids this?

The board voted (at their request) to make it the "official website" for the neighobrhood back in June, yet they refuse to abide by ANY board decisions. The offending board members claim on the site that it was "not created nor run by HOA board members (which they are)," and the board has given them instructions specifically NOT to post directories or Google maps with homeowner names labeled on them. They have done so anyway. They have been asked by several people multiple times to remove their information to no avail.

What kind of liability does this set the HOA up for? What should the rest of the board do?

Thanks in advance. Any help with this mounting problem is greatly appreciated!
GeraldT4
Posts: 1,022
Posted:
The first mistake was that the HOA Board had what seems to be the audacity to sanction and vote on their own to make it the "official website" for the neighborhood. Unless of course the HOA board had this matter on an agenda, published it to the community, sought community input, and maybe even put it to a vote of the entire community. If not, I'd be so pissed at the HOA because I would consider the directory and my name attached to a home on a map to be a serious invasion of privacy. If it were me, the HOA Board and the website creators would be hearing from my attorney seeking a ton of damages, a cease and desist letter, and a request for an alternative dispute resolution meeting. Until the matter was resolved I would not consider the HOA Board immune even though they've pressed the website creators to take the site down. The HOA Board through it's attorney must get with it and put some serious pressure on the website creators, and pronto. The website creators are not following the guidelines of the HOA Board and should be fined by the HOA for acting in a rogue manner; in defiance of the residents.
BobS10 (Connecticut)
Posts: 39
Posted:
Im not going to touch the web site issue itself, but just so you are aware, all of the info they put out there already exists elsewhere on the web. You can go to zillow.com for one thing and see that and a lot more. In most localities, you can view the assessors records for yours or anyone elses property including price you paid, value, building permits, picture, even in most cases a complete layout of your homes floorplans.
All of this is public information and as such, you cannot do anything to stop a inquisitive person any where in the entire world from seeing it.
Two things they should not publish are homeowners phone numbers and email addresses. Everything else is fair game.
GeraldT4
Posts: 1,022
Posted:
BobS10 - Agree to disagree. FYI, Zillow.com pulled up nothing on my home. The website was sanctioned by the association board and as such each member of the association has the ability and responsibility to request that it not be so.
BradP (Kansas)
Posts: 2,640
Posted:
Here are my two cents...first I believe that the homeowners should be asked before this is put out there. I know addresses and the info with it is public info but I will share a story...

We had a lady who had a messy divorce and didn't want any info on her published in a directory or anything because she was afraid of her ex finding them. True the info is public, but the more places you put it the better the chances are someone can stumble across it.
BobS10 (Connecticut)
Posts: 39
Posted:
One good thing is Yahoo group sites will not come up normally in any kind of a search. I agree, these individuals have overstepped their bounds by publishing that information and I would hope an amicable resolution could be found still, but hopefully they will get tired of this site because it will not be frequently viewed.
I could be wrong, but I thought with Yahoo sites, you need to go through the hassle of "joining" the group to even access anything but the front page of the site.
Again, I don't want to get into the ethics of this, I'm just trying to offer some hope here.
Maybe if the same board that approved this site in the first place would agree to establish a "real web site", it would be the final death knell for this rogue site.
JC3
Posts: 290
Posted:
Zillow may not cover the entire country, but it does cover a lot of it. The photos are not necessarily very recent, but there is enough information that by plugging in a street address, even I can find the size and approximate value of a house, the legal description, and using the assessor's office, can find out enough more to know who owns it and what their mailing address is. Actually, all one needs is the street address and he site for the county assessor, and the info is availaable. Much more is available other places.

But yes, I agree, I do not want my name or address on the web, and if I could, I would remove it from everyplace I could find it. People have a right to privacy for any or no reason.

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