Homeowner Contact Information

Susan

Here is from Davis-Stirling.com

Membership List
Members have the right to inspect and copy the association's membership list, including members' names, property addresses, and mailing addresses (not phone numbers and not e-mail addresses). The right to inspect is at reasonable times, upon 5 business days' written demand. Corp. Code §8330(a)

Purpose for Request. The member requesting the list shall state the purpose for the request, which purpose shall be reasonably related to the requester's interest as a member. If the board reasonably believes that the information in the list will be used for another purpose, it may deny the member access to the list. If the request is denied, in any subsequent action brought by the member the association shall have the burden to prove that the member would have used the information for purposes unrelated to his or her interest as a member. Civil Code §1365.2(a)(1)(I)

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:

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.

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

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

Sold to others.

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)

Opt Out. Although Corp. Code §8338(c) allows for withholding the membership list if the association provides an alternate means of communication, the statute was modified by the Davis-Stirling Act so that boards can no longer withhold the list. However, members retain the right to individually opt out of the sharing of their names and addresses by notifying the association in writing that they wish to be contacted by an alternative means. Civil Code §1365.2(a)(1)(I)(iii)

The homeowners who rent their property are allowed to run for the board and have access to the mailing list, not the renters.

Susan,

I ran for a board position in November and asked the BOD and PM for a membership list that included everyone eligible to vote in the election. This would include owners that rent their property out. I sent campaign flyer to all owners that had not opted out and many happened to be from out of state. No flyers were sent to the homes that were being rented out only to their owners. As long as the person requesting the list follows the rules it is legal for a candidate to obtain from the BOD or PM.

Jim,

My lorida HOA publishes a neighborhood phone book with "Name, Address Unit Number, and cell and e-mails are optional. I cannot tell you how often these come in handy. I think that to provide a list on a single request is a bit of a stretch for any one member to ask for BUT this still falls under inspection or right to view HOA documents as a resident list is part of the association documents.

Mary,
Your last sentence is right on in how I view a statement like Jim's. Sueing the association over such a minor point would be a red flag for me as to what kind of demeanor this Board member has. Courts of law are now favoring the members when it come to interpretation of the HOA individual documents and proving that the HOA documents are not the infinite rulers in deed restricted communities.

Jim,

I understand your concerns. However, forcing a member to take the Association to court because the Board refuses to follow the law will just cost the Association money (for their legal fees and the members legal fees), give a bad reputation of the Board to other members and, possibly, cause a perception of mistrust between the rest of the membership and the Board.

Tim

Nothing has been said here about condos.

What is the opinion on that.

Our umbrella HOA publishes a Phone Book and sold by the ladies club that lists homeowners of all property. Now with 2400 names possible, current may 1700 (guess) I expect if you didn't want to have it published you, could request so. I doubt that number of those that didn't agree to the listing would effect any elections.

Our condo has a listing of all owners of record, etc., and I doubt very much they could refuse to give you a copy if you were an owner. We also publish phone directory of condo owners.