There is nothing in PA law that requires owner permission for this; likewise, there is nothing in PA law that prohibits the association from doing this absent owner permission. However, given that there are almost always “leaks” of information that may not be public, it is a suggested practice that the Association obtain approval form owners before publicizing any information that is not public (including email address and unlisted or mobile phone number).
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
South Carolina law only requires that that community associations provide to members upon request “a list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast.” See S.C. Code Ann. § 33-31-1601(c).
There is no obligation under SC law for a community association to provide email addresses or phone numbers of any member. My advice and strong recommendation is that email addresses and phone numbers of members should not ever be provided to anyone or published in a directory unless that member has specifically consented to having their email addresses and/or phone number made available to others.
In South Carolina, the obligations of a nonprofit corporation (which includes most community associations) to provide records to members of the corporation are governed by the South Carolina Nonprofit Corporations Act, specifically Sections 33-31-1602, -1603 and -1620 of the South Carolina Code. Sections 33-31-1602 (a) and (b) state that a member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the listed records of the corporation if the member gives the corporation written notice at least five business days before the date on which the member wishes to inspect and copy. Section 33-31-1603 further addresses the scope of inspection rights by a member, which includes, if reasonable, the right to receive copies of the records, for which the corporation may impose a reasonable charge, covering the costs of labor and material.
Here is a link to the applicable sections of the SC Code:
As for the records which may be obtained by a member, they are as follows:
· A list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast
· a record of all actions taken by the members or directors without a meeting
· a record of all actions taken by committees of the board of directors
· accounting records of the corporation
· the corporation’s latest annual financial statements, including a balance sheet as of the end of the fiscal year and statement of operations for that year. If annual financial statements are reported upon by a public accountant, the accountant’s report must accompany them.
· The records that the corporation is required to keep at its principal office, which are
(1) its articles or restated articles of incorporation and all amendments to them currently in effect;
(2) its bylaws or restated bylaws and all amendments to them currently in effect;
(3) resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(4) the minutes of all meetings of members and records of all actions approved by the members for the past three years;
(5) all written communications to members generally within the past three years, including the financial statements furnished for the past three years under Section 33-31-1620;
(6) a list of the names and business or home addresses of its current directors and officers; and
(7) its most recent report of each type required to be filed by it with the Secretary of State under this chapter.
Section 33-31-1602(c) of the South Carolina Code states, “A member may inspect and copy the records identified in subsection (b) only if:
(1) the member’s demand is made in good faith and for a proper purpose;
(2) the member describes with reasonable particularity the purpose and the records the member desires to inspect; and
(3) the records are directly connected with this purpose.”
Sean A. O’Connor
Finkel Law Firm LLC
4000 Faber Place Drive, Suite 450
North Charleston, South Carolina 29405
Direct Dial 843.576.6304
The answer to the question depends on what obligations the association has under state law and the governing documents. In most associations, new owners are required to register with the association by providing certain information, such as the names of occupants. I see no reason why this type of information cannot be published to the owners by the association.
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
I am not aware of any law that would prevent publication of a community directory. However, the Association should be mindful of its members’ privacy concerns. It is recommended that the Association notify all members of exactly what information it intends to publish. Any member who does not wish to be included in the directory should be given the opportunity to “opt out” or limit the information listed.
Eric J. Phillips, Esquire
Hladik, Onorato & Federman, LLP
298 Wissahickon Avenue
North Wales, PA 19454
Direct Dial: 267-662-9035