How much personal information do you have to give to the HOA? Basic household information is understandable, but what if they go too far?
Q: Recently my homeowner’s association distributed a request for additional information. They asked me to provide information about who I am and the people who live with me, including their names, relationships to me, and ages. They want information on our vehicles, such as make, model, color and the license plate number. They’ve also requested emergency contact information and whether that person has a key to the home.
I feel this information is excessive. The city already has that vehicle information. And, I don’t necessarily want them having personal details on us. Your thoughts?
A: It’s quite common for condominium associations to request that level of information about their residents. In particular, as short-term rentals have become ubiquitous, high-rise buildings have become more concerned about who is coming through the property.
How Much Personal Information is Appropriate to Give?
We can certainly understand why management of high-rise buildings would want to know who is an owner or a renter, who has keys to a unit, who is living in the unit and who is parking in the parking area for the building. Furthermore, if there is a medical emergency, fire, flood (a pipe bursting) or some other event where the building management or board needs to contact you or someone close to you in an emergency, that information can be of great value when every second counts.
But what if you don’t live in a high-rise (or even a low-rise, multi-family building). Single-family homeowners association are there to take care of architectural issues, landscaping issues, general maintenance and emergencies. We’re not sure why the homeowners association or management company would need so much information about the residents of a particular single-family home but we can imagine why the emergency contact information would be useful.
Imagine that the property is located in a suburban neighborhood and the homeowner travels quite a bit. The association would find it useful to have emergency contact information in case of a fire, flood or other major events that occur in the development.
And if the larger property contains a health club, golf club, clubhouse and other shared facilities or amenities that homeowners and their family members (but perhaps not their guests or tenants) can use, it’s important for the management company to maintain a list of people that are authorized to use those facilities and live there. When the community is gated or has limited parking, the association would also want to control the flow of cars in and out of the development. These days, security is also an issue, but particularly if some of the residents are high profile.
Finally, let’s get back to the short-term rental issue. Thanks to Airbnb, VRBO, and other websites that specialize in short-term or vacation rentals, many homeowners have begun renting out their homes to generate additional revenue. In some cases, those rentals have been disruptive (the tenants have been noisy), destructive (to the property itself but also common areas) and dangerous (because ultimately you don’t know who is renting from you or how many people will be staying in a single property).
That’s why homeowner associations have begun instituting new rules prohibiting short-term or daily rentals or severely limiting them. As with any new rules, the homeowners association has the right to collect pertinent information and can instruct the management company to request details about the homeowner, tenants, and other people who come to the property (like a cleaning person or company).
What to do if the HOA asks for too Much Personal Information?
If you believe your homeowner’s association has overstepped, then you should review your association’s declaration, operating agreement, bylaws and other documents to determine the powers and duties of the association.
A careful read may not reveal anything that specifically empowers the association to request the information, but you will likely find that the association has the power to make rules on the use of the common facilities and to enforce other rules and regulations for the development. If the rules and regulations are quite broad, the association may have the right to request that level of specific information. In some states, associations are required by law to keep lists of owners along with contact information, so you might also need to know what your state requires.
If you’re dead set against giving your homeowner’s association this information, you may need to talk to an attorney that focuses on common ownership associations to see what options you have.
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Our association wants us to show proof of car registration, wants us to provide background checks and personal financial information on anyone to whom we rent, plus all the information everyone else mentioned. We think it ridiculous and we seem to have few property rights. We drive through that hate, we enter North Korea. We need more laws restricting over reaching HOAs.
Janet,
It’s interesting that you equate safety with North Korea. I see it differently. If my neighbors were going to rent to someone and I live in a building with other people, I’d want to know who is going to live next to me if it isn’t the owner. It makes sense if you’re renting to provide proof of car registration (so they don’t tow the car), background checks and personal information so the HOA knows the renter can afford the payments and passes the background check.
Helping people feel safe and secure in a world that’s so full of hate is important. While your HOA may be overreaching, if you look around at other communities, you’d see that this is a fairly common ask.
Just my 2 cents.
My HOA wants Not only who I have my home owners insurance with but also wants the agents name address and phone number. Is this legal to put in the by laws?
Judy,
It makes sense. If something happens to your unit while you’re out of the country, the HOA will need to get in touch with your insurance company. Your agent would be the best person to make the case for you typically. If you’re home, they’ll contact you directly to get you to call your insurance agent.
Hopefully, your HOA and whatever management company they use takes proper precautions to safeguard that information, but it shouldn’t make you concerned on a personal level.
In a comment you said “It makes sense if you’re renting to provide proof of car registration (so they don’t tow the car).” But if you provide the license plate number, why isn’t that sufficient? Why do I need to give a copy of my DMV registration?
BTW, you cannot park in a guest spot overnight, so my vehicle will always be garaged. This does away with the argument I have read that unregistered vehicles tend to be left out or abandoned.
Mel,
That’s fair. But the license plate number alone doesn’t tell you who the car belongs to. In addition to the name of the person (and phone number) wo whom the car is registered (so you can contact the person if there is a problem, like an accident involving the car when the owner isn’t around), there should be an owner’s name associated with the license plate (the landlord, in this case).
I’m moving into a luxury high rise condo in Florida and applied for a 1-year rental. The HOA is requesting my monthly gross income, my checking account number and my savings account number. I realize that the HOA doesn’t want deadbeats moving into their fine building, but I am concerned about my privacy and how my information and account numbers will be used or possibly abused.
Does the HOA have the authority to require this information and level of detail?
They likely do have the right to request this information and level of detail. But you can ask how your information will be used to verify your financial information. I was surprised by the level of detail requested from my son when he moved into a coop in Manhattan. When you’re renting, they do want to know who you are and if you can afford to live there.
Question- What is the percentage of “paid” homeowners to the HOA to make “everyone” abide by the rules?
Hi Dave:
Not sure I understand the question. You elect HOA board members and they make the rules. Everyone has to abide by them. If you are talking about the condo declaration, then state law determines how many of the unit owners are needed to change those decs or arrive at a decision. For example, if your condo building wants to be sold as a whole to a developer, you’d need 80% of unit owners to agree, if it’s located in the city of Chicago. Make sense?
MY HOA, single family home community, is asking for every residence employer information, including mailing address and phone number. I believe this overstepping. I am survivor of DV and I am very careful about protecting my privacy.
Owner of single family home in an older established neighborhood why would an HOA’s new management company need my employers name?
IT’s a great question, Jim. The answer is, they don’t. But, why don’t you ask them why they’re asking for it? I’d be curious as to their response.
I own my condominium and when I purchased I received a book with the papers of the bylaws and master deed inside. Years later new board of directors were voted in and decided they wanted to “rewrite” the bylaws and master deed. My question is along with others, shouldn’t every homeowner be notified by a letter, and have the right to vote if they want the change?
Also does the State of Michigan need to be notified so they can approve the new bylaws and Master Deed? Would the new bylaws have the states approval on them by signing and dating them so we the homeowners know the new bylaws and master deed are being followed by state rules and regulations?
I am a manager of a 55+ community in which the residents rent the land and own their homes. The HOA is asking the office for personal information such as names, addresses, phone numbers and emails of the residents. I do not feel that this information is mine to share, especially since this HOA is really just an activity and entertainment planning committee. What do you think? Thank you.
Shelley –
The question is why does the HOA need this? If the owners own their own homes and rent the land, the HOA must feel it needs to have access to the residents. If the HOA is managing the community, and needs to contact the owners, then it’s hard to imagine why they shouldn’t have that information. I wouldn’t pass along Social Security numbers, but it doesn’t look like you’re being asked for that. If you’re worried about it, you can send an email to everyone that connects them to the HOA digitally and lets them provide that information. But again, if owners are paying management fees to the HOA, then it would seem that they should be able to get that information, right?
I’d need a little more information about who pays you (I assume you work for the owner of the land?) and what your relationship is with the tenants (who own their own properties).
That said, it’s great to err on the side of caution given the level of cyberscams going around these days.
In my HOA the water is included, we additionally have a cap of how many individuals can live in a unit. I have a two-prong question: 1.) how can the Assoc find out & prove how many individuals resided at a residence and 2.) how does the Assoc go about enforcing this max individual living policy?
Charlotte,
Typically, HOAs discover someone is breaking the rules by getting information from other residents. Someone complains and then the HOA has to do something. It’s hard to prove that someone is there full-time, and not just a long-term guest or a family member. So, they’ll ask a lot of questions, perhaps set up cameras, or find another way to monitor things. Make sure you’re reading the rules and you can ask the Association how they monitor and enforce their rules.