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Question about tenant privacy with an HOA

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Lyss

Junior Member
So I own and live in a house that has an HOA. Last night they sent all HOA members a survey which asked about a ton mundane things like where we would like trash cans placed on walking trails and community garage sales. But their last question makes me a little uncomfortable, and I'm not sure if what they're asking for is even legal.

"Would you be in favor of updating the bylaws and Covenants to require that owners must let the association know if their home is being rented and the contact information for the tenants?"

Now I'm not sure if they're asking to provide the tenants info in case there is a violation, or provide tenant info to the entire association which would include homeowners like myself, buy I feel like some of my neighbors are upset that we've had an influx of college students renting houses together in the last 3 years. We're 5 miles from a major college campus, and all the renters I've met have been responsible adults and extremely pleasant. Sure there's a party here and there but nothing excessive or out of control.

But as a tenant, do they have any right to privacy here? I can't imagine having a tenants contact info will benefit anyone, since I've never been responsible for things like redoing the siding on my house as a tenant, plus it might change year over year.
 


Zigner

Senior Member, Non-Attorney
Your only question was: "But as a tenant, do they have any right to privacy here?"

Asking that the HOA be informed of the contact information for tenants does not invade anybody's privacy and is a quite reasonable request, in my opinion.
 

Just Blue

Senior Member
So I own and live in a house that has an HOA. Last night they sent all HOA members a survey which asked about a ton mundane things like where we would like trash cans placed on walking trails and community garage sales. But their last question makes me a little uncomfortable, and I'm not sure if what they're asking for is even legal.

"Would you be in favor of updating the bylaws and Covenants to require that owners must let the association know if their home is being rented and the contact information for the tenants?"

Now I'm not sure if they're asking to provide the tenants info in case there is a violation, or provide tenant info to the entire association which would include homeowners like myself, buy I feel like some of my neighbors are upset that we've had an influx of college students renting houses together in the last 3 years. We're 5 miles from a major college campus, and all the renters I've met have been responsible adults and extremely pleasant. Sure there's a party here and there but nothing excessive or out of control.

But as a tenant, do they have any right to privacy here? I can't imagine having a tenants contact info will benefit anyone, since I've never been responsible for things like redoing the siding on my house as a tenant, plus it might change year over year.
What state?
 

LdiJ

Senior Member
Your only question was: "But as a tenant, do they have any right to privacy here?"

Asking that the HOA be informed of the contact information for tenants does not invade anybody's privacy and is a quite reasonable request, in my opinion.
While I agree that its not a privacy issue, I somewhat disagree that its automatically reasonable. It really depends on what they intend to do with the information. If I were a landlord I would prefer that an HOA leave my tenants alone and contact me if there is a problem. I would also guess that what the HOA really wants to know is how many people are renting versus owner occupied.
 

Zigner

Senior Member, Non-Attorney
While I agree that its not a privacy issue, I somewhat disagree that its automatically reasonable. It really depends on what they intend to do with the information. If I were a landlord I would prefer that an HOA leave my tenants alone and contact me if there is a problem. I would also guess that what the HOA really wants to know is how many people are renting versus owner occupied.
Granted, if they want to use it to ring up the tenants and ask them out on a date, that's inappropriate. But having the contact info to notify them of various things that might affect them in the community? Perfectly acceptable. We're not talking about full-on background check level of information here...we're talking about a phone number.
 

Just Blue

Senior Member
Granted, if they want to use it to ring up the tenants and ask them out on a date, that's inappropriate. But having the contact info to notify them of various things that might affect them in the community? Perfectly acceptable. We're not talking about full-on background check level of information here...we're talking about a phone number.
I actually think it would be appropriate to require a background check. The owner may be renting to people with a violent criminal history.
 

Zigner

Senior Member, Non-Attorney
I actually think it would be appropriate to require a background check. The owner may be renting to people with a violent criminal history.
I completely agree, but the HOA isn't even asking about that. If they are asking about that, then the question is poorly worded.
 

not2cleverRed

Obvious Observer
But as a tenant, do they have any right to privacy here? I can't imagine having a tenants contact info will benefit anyone, since I've never been responsible for things like redoing the siding on my house as a tenant, plus it might change year over year.
1) In an emergency and/or evacuation, it would be useful to have resident contact info.
2) If a tenant is breaking HOA rules, it might be more useful to notify them with a warning, then to go through the owner, fining the owner, have the owner then fine their tenant...
 

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