Question:
I have concerns with my HOA sharing a Homeowner Directory of names, addresses, phone numbers and emails with neighbors. It is only being shared with other residents in the same HOA neighborhood. Can there be any privacy violations if only shared with only neighbors? The directory is not shared with any third parties.
– Cheryl
Answer:
Hi Cheryl,
Section 1-30(i)(1) of the Illinois Common Interest Community Association Act deals with records inspection. The section details what records must be made available to members, though it does not include member directories or lists. As such, you should refer to your governing documents.
Section 1-30(i)(1) is as follows:
“(1) The board shall maintain the following records of the association and make them available for examination and copying at convenient hours of weekdays by any member or unit owner in a common interest community subject to the authority of the board, their mortgagees, and their duly authorized agents or attorneys:
(i) Copies of the recorded declaration, other community instruments, other duly recorded covenants and bylaws and any amendments, articles of incorporation, articles of organization, annual reports, and any rules and regulations adopted by the board shall be available. Prior to the organization of the board, the developer shall maintain and make available the records set forth in this paragraph (i) for examination and copying.
(ii) Detailed and accurate records in chronological order of the receipts and expenditures affecting the common areas, specifying and itemizing the maintenance and repair expenses of the common areas and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the board shall be maintained.
(iii) The minutes of all meetings of the board which shall be maintained for not less than 7 years.
(iv) With a written statement of a proper purpose, ballots and proxies related thereto, if any, for any election held for the board and for any other matters voted on by the members, which shall be maintained for not less than one year.
(v) With a written statement of a proper purpose, such other records of the board as are available for inspection by members of a not-for-profit corporation pursuant to Section 107.75 of the General Not For Profit Corporation Act of 1986 shall be maintained.
(vi) With respect to units owned by a land trust, a living trust, or other legal entity, the trustee, officer, or manager of the entity may designate, in writing, a person to cast votes on behalf of the member or unit owner and a designation shall remain in effect until a subsequent document is filed with the association.
(vii) Any reserve study.”
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