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ParrisG (North Carolina)
Posts: 9
Posted:
Is there any legal problem with having a community directory?
Specifically having and distributing name, address, phone, Email of all HOA members?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ParrisG on 04/23/2024 10:27 AM
Is there any legal problem with having a community directory?
Specifically having and distributing name, address, phone, Email of all HOA members?
I would only do this for owners who give permission.

There is law on this but it is not digging through IMO. Unless one wants enemies, one just does not give out personal info (especially phone and email addresses) without another's permission.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our Association has one and it has not been an issue.
BillH10 (Texas)
Posts: 1,217
Posted:
The subject of an owner's directory came up in the Owner's Forum preceding the most recent Board Meeting of the association in which we reside--105 SF homes in an HOA in the DFW Metroplex.

My wife is president, she and I own a property management company and have been down this road before. The Board agreed to electronically distribute the owner contact information in association records which may be accessed in the publicly accessible County Assessors Database, which does not include telephone numbers and email addresses. And sometimes spouse/SO information if not in the county records. Raw data only, no fancy sorting or other database functions.

It is improper to include information in an owner's directory which is not public information unless each owner is individually contacted to obtain permission to include telephone and email information. We have seen some directories which include the names of children. Not good in the wrong hands.

We have learned that obtaining owner concurrence is a very time consuming process and generally results in obtaining about 40% of the telephone and email information. The association makes it clear if Owner A wishes to contact Owner Z they should knock on the door or seek a mutual acquaintance to broker the connection.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree about the importance of allowing owners to opt in if they want their information listed. Our portal allows people to check which items they want listed, not just if they want to be in the directory or not. Names and addresses are public information but a lot of stuff you see on the internet is not.

Many people have privacy concerns, some of them serious like evading a stalker. The last thing you want to do is out someone who is keeping a low profile and have their stalker show up with a gun and kill them (which in fact happened in my area about 20 years ago). It's terrible for the victim and for others who may be caught in the crossfire, and it does a real number on the community's property values. We also have a resident in my community who I'm convinced is in some sort of witness protection arrangement because of an odd reaction to a comment I made and the effort they put into keeping their name and likenesses off of everything.

And a few folks just aren't particularly sociable and don't want to get to know their neighbors, which is their right. My sister once made a snide comment about the "enforced chumminess" which isn't everyone's cup of tea.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Just found out yesterday our portal offers a directory. You have a lot in option. The option also allows you to limit what is shared like name, address, or email. I have opted out of it. I do not want contacted by other members with their whine stories about how the HOA is the enemy. They have no clue on how a HOA works.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
We don't have them - as Bill noted, you can get the address information by simply walking around the community and writing down the house numbers. As for emails and phone numbers, there are too many ways people can take advantage of this information, starting with sending emails that might inadvertently or intentionally have malware attached to it, or renting the information to telephone sales people (some of who are actually scammers).

By the way, most of us aren't attorneys and what's true in your state may not be the same in ours (and we live everywhere). If you want a precise answer, talk to the association attorney. Even if you can have a directory, I'd give people the option of opting out altogether or withholding certain information like phone numbers. If you really want that information, go to that house and request it in person. Be prepared to explain why and if they don't like your answer for whatever reason, you won't get it and you'll have to accept their decision.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
We only did this with permission from those who wanted to openly share the info.

As more and more people opted out, we simply quite doing it.
A few years ago, one board member was adamant about having a directory.
The board sent out forms members and residents to obtain permission and identifying info they would want to list in the directory.

I think out of 130 lots, there were 3 who agreed to have info published.

The idea of a Directory was (again) dropped.
LynneV1 (South Carolina)
Posts: 211
Posted:
I may be wrong, but I was under the assumption that since our POA / HOA is a subchapter S corporation, all H/O names and addresses are available to everybody in the HOA community. We used to be able to get a list from the management company. Now, as far as e-mails and phone numbers that may be different.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is a misnomer and assumption that your HOA may have anything outside of an address. Their focus is on property address and someone paying the dues for that address. It is not always an owner who pays the dues. Renters do not pay dues. However, parents may pay for their kids or property management companies.

We did not require email addresses. Those are typically kept private. There are no cell phone numbers in phone books anymore. So even a HOA may only know address and whomever pays the dues. That does not make information correct or accurate. Plus does not make it public except for address.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our MC provides each BOD Member with an information they have including Email addresses and phone numbers on owners.. If an non-BOD Member requested such, they would get names and addresses but not Email addresses nor phone numbers.
KerryL1 (California)
Posts: 14,550
Posted:
It depends what state laws say. In Calif. & maybe others, the owner name(s), HOA address, mailing address, email addy are all Association records that Owners may possess by following simple request procedures. Owners may opt out of this list if they wish. In my HOA of 200+, only 3, I think, have opted out

I do think most HOAs these days have the email addys of owners in order to send announcements, important info, etc., to owners.

I also think most HOAs have Owners' phone numbers-- mainly for emergencies.

When Melissa writes that she/her HOA DID not have email addys, remember we're talking the 1st decade of this century.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
In SC one can go on the county web site and the name and address of who pays the taxes on a home and we can assume they are the owner. We have a few rentals but also we have two cases where an adult child is paying the taxes but their parent(s) live there. We also have several parents paying the taxes and their child lives there. We do not count these situations as rentals.
DeanJ
Posts: 1,786
Posted:
What if I don’t want to be in the directory? You need a release from anyone who wants in.
BillH10 (Texas)
Posts: 1,217
Posted:
Dean, not so, if the information is in the records of the association or, better yet, the database of the county assessor.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, Dean, an Owner must opt out per statute. I don't know about Ohio.
JackS20 (North Carolina)
Posts: 271
Posted:
from NC law book:

Nonprofit Act recognizes the sensitive nature of membership information and only
allows a “record of shareholders” to be disclosed if (1) his demand is made in good faith and for
a proper purpose, (2) he describes with reasonable particularity his purpose and the records he
desires to inspect, and (3) the records are directly connected with his purpose.
The
137
In the homeowners
association context, campaigning for a board seat would certainly be a proper purpose, however
writing owners to solicit products and services or to harass or embarrass existing board members
would not be a proper purpose.
138
Further, even if all these elements are met, the owner is only
entitled to a “record of shareholders” or a membership list. This list may include names and
addresses and even phone numbers and emails, but it should not contain anything else, such as
their account balance with the association.
JackS20 (North Carolina)
Posts: 271
Posted:
also from NC law book regarding 55a

The membership list is unique, however, and cannot (and should not) be given out
freely and without condition. The membership list can be a potential treasure trove for marketers,
spammers and solicitors who want access to consumers irrespective of their status of membership
in the association. With respect to the membership list, regardless of the member’s good faith or
not, it cannot be obtained or used by any person for any purpose unrelated to a member’s interest
as a member. For instance, the membership list cannot be (1) obtained to solicit money or property
unless such money or property will be used solely to solicit the votes of the members in an election
to be held by the association, (2) used for any commercial purpose, or (3) sold to or purchased by
any person.
54
Thus, while the member may be entitled to see the membership list if he or she is acting
in good faith, has a proper purpose, describes with reasonable particularity the purpose for the list
and the records are directly connected with this purpose, the member may not use the list for any
commercial purpose not connected with the person’s interest as a member. The inspecting member
cannot use it to solicit goods and services, but it can use the list to mail election related information
such as candidate information for a board candidate to members entitled to vote at an election.
Indeed, elsewhere in the Nonprofit Act, it is clear that a member may inspect a membership list for
voting purposes at an annual meeting.
55
It can also be used to raise money to finance campaigns for
the board or for another elected position of the association.
56
Courts have held that owners may not
obtain a membership list to aid an adversary of the homeowners association in litigation.
57
SheliaH (Indiana)
Posts: 6,964
Posted:
Jack's information would make a great policy on the association's establishing and use of the community directory. You may want to poll homeowners to see how they feel about this - if no one wants to be listed, that should be the end of it. Homeowners SHOULD be told it's their responsibility to have current information with the property manager in case of emergencies and to ensure they receive association information in a timely manner. Once a year, it wouldn't hurt to send letters to homeowners asking if their information is still correct and to update it if necessary.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Good point, Shelia. I believe in Calif. that HOAs must have owner update that info that
KerryL1 (California)
Posts: 14,550
Posted:
Ugh-- annual update required in CA.
MarshallT (New York)
Posts: 414
Posted:
Hi,

Owners are entitled to a certain level of privacy. While it is generally acceptable to share owner names and mailing addresses with other members, their phone numbers and email addresses should not be be distributed unless they have opted in to this or have indicated, in writing, that all of that information can be included in some sort of directory.

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