Cary, NC asked in Real Estate Law for North Carolina

Q: Can a home owner in an HOA collect email addresses of other home owners using a glitch in the HOA online portal?

I am receiving emails once a week from a particular homeowner who misused a glitch in our HOA's online portal to download all home owner information and is now using those email addresses to run a campaign against our current HOA. He is quoting Article 55A and claiming these email addresses are available to all home owners. Our HOA is telling us only home owner names and address should be available. Who is correct?

Related Topics:
1 Lawyer Answer

A: It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood.

Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here. Research the Computer Fraud and Abuse Act to determine if there is a private cause of action under federal law.

If I receive an email with 100 other email addresses CCed, there is nothing that prevents me from (as a private individual) emailing those email addresses about anything. The CAN-SPAM Act restricts how businesses may use email addresses, but that also seems inapplicable here. Furthermore, I could pick any neighborhood and find and compile the email addresses of every resident using publicly available information, then email them all about whatever I wanted. So, the mere fact that someone is emailing everyone in a neighborhood does not create a private cause of action.

As to whether something in Article 55A requires that the HOA provide email addresses of all members, it arguably does. Nonprofit corporations are required to keep permanent records of actions, meetings, and information relating to its members and the number of votes each member is entitled to cast. The HOA (if incorporated as a nonprofit, which I'm assuming because you're referring to Article 55A here) is specifically required to keep the "names and addresses of all members" and members are entitled to inspect and copy those records. Almost always, when you buy a home subject to an HOA, you agree to become a member upon purchasing the home. Addresses here generally means physical addresses. However, if a nonprofit keeps email addresses of all members in its official corporate records (which many do) I see nothing that would prohibit a member from copying all of those email addresses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.