Member Lists: How To Properly Provide Information Requested

It happens to all associations: a owner gets upset and wants air their grievances to all of the owners in the association. The owner then requests a list of all members in the association. It is important that the board and/or property manager protect this information properly. When providing an owner list, only include owner names and addresses.

The best method to insure that the member list information will be properly used is to require that the owner requesting the list to sign a “Confidentiality Agreement” before receiving information about all of the owners in the association. At a minimum, this Agreement would include:

> The name and address of the titled owner (s) requesting the information;

> A statement that the owner will not share the information with anyone, except for 1) other members of the association, 2) professionals such as attorneys or accountants who the owner hires (if absolutely necessary), or 3) if the board authorizes another purpose to the owner in writing;

> A statement that the owner will not use the information except for lawful matters involving the governing documents and the Association;

> A statement that the owner will not use the information for commercial or business purpose;

> A statement that if the owner improperly discloses the information as set forth above and a claim for damages is brought against the association or the owner, that the owner will hold the association harmless and indemnify the association against any claims or damages awarded, regardless of the nature of the claim;

> A statement that the owner cannot make or distribute copies of the information; and

> Finally, the signature of the owner requesting the information and the date.

Make sure to give the owner a copy of the Agreement once they have signed it. If you need help regarding exact wording, please contact our office.

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