HIPAA rules another question

Started by LindaD4 • 7 replies • 2219 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LindaD4 (South Carolina)
Posts: 12

Posted:

I am secretary of our HOA. We have received some calls from homeowners wanting a list of all the names of the residents in the community. I feel this is a privacy issue. What if there are people in the community who do not wish to have their names give out? Am I being to paranoid? I would appreciate any and all feedback on this question.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Quote:

Posted By LindaD4 on 09/17/2008 7:50 AM
I am secretary of our HOA. We have received some calls from homeowners wanting a list of all the names of the residents in the community. I feel this is a privacy issue. What if there are people in the community who do not wish to have their names give out? Am I being to paranoid? I would appreciate any and all feedback on this question.

For the most part, in most states, an association member is entitled to have the names and addresses of other members for non-commercial use.

Don't be paranoid. It is not a privacy issue. Much of the same information is available on the Internet or via the county recorder's office.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

By the way, this is not a HIPAA issue at all.

KirkW1 (Texas)
Posts: 1,665

Posted:

I would point out that who owns property (and thus is a member) is a matter of public record anyway. It is recorded on the deed. As an aside, you should also know that if they have mortgaged said property that is also a matter of public record. You would simply look for a "Deed of Trust." In many areas, this is available to search online even.

I agree that this has nothign to do with Health Insurance Privacy, Portability, and Accountability Act. (HIPPAA)

DwightT (Idaho)
Posts: 664

Posted:

I also agree that this is not a HIPAA issue. What we have done in the past is to provide a member directory that has owner names and addresses (as has been noted, info that is publicly available anyway). Before printing the directory, we included a notice in our newsletter and included a slip that would allow people to include extra info (phone numbers, email, ...) if they wanted. The slip also allowed them to opt out of being included in the directory.

BrianB (California)
Posts: 2,820

Posted:

just to toss a monkey wrench in...

Owners on the deed are public record. However, the OP asked about a list of residents. That could very well be different from a list of owners.

I would follow the advice of the poster about compiling a list, letting people know it is being compiled, what will be done with it, a chance to edit it, and a chance to opt out. that covers a lot of bases.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Linda,
There is the phone book, the local tax office and a ton of other ways to have access to names and phone numbers so secrecy or privacy here is a non issue. Every association that I have ever been involved with has a Residents directory. They can provide phone numbers, cells and e-mails if they want but the names are public record and give a little more security to the membership. Knowing who belongs in a unit is another bit of help in monitoring if someone strange is going into a unit--say at 4 in the morning. Paranoid?, Just a teeny, weeny bit.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Linda,

When you say some members want a list of all the "residents", I wonder if you really mean a list of all the "property owners". As others have stated this is certainly not a privacy issue as property ownership is a matter of public record. Some HOAs publish a directory listing the name, address and phone nr (with member permission) of all members. Some states have laws which state a membership list shall be available for review at the annual meeting. Also some states have laws allowing members to make a request to view and/or copy certain HOA records. Bottom line: there is nothing wrong with providing this info to a member, but I would just give the name and address.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here