A (proposed) new HOA rule - this can't be legal, right?

[sld72382]

As I was leaving for work this morning, one of our neighbors started chatting with my mom about our HOA.

As I was getting getting into my car, he said the HOA is thinking about imposing a rule that if you have overnight guests over, you have to notify them (the HOA) first and give them the guests' social security # and date of birth!

I can just imagine what would happen if you tell your guest "I need your SSN and DOB for our HOA."

For a rule this draconian, my best guess is that someone had an overnight guest and the guest ended up robbing another house. So if this is the case the HOA is having a knee-jerk reaction to it (this HOA is a 55+, if it matters).

[AdminAssistant]

Huh?

The only rule my apartment complex has is that if you have guests that will be parking in one of your spots (for longer than overnight), we should give them their license # and make/model of car, so that they know not to tow the car.

[Pedersen]

http://www.privacyrights.org/fs/fs10a-SSNFAQ.htm#1

Basically, unless the HOA is required to disclose overnight guests to the IRS, or is subject to a provision of the Patriot Act, the HOA is not required to gather any SSN's.

From what I'm reading, though, this is legal for them to ask, and to refuse to allow people to have overnight guests who refuse to provide such information.

Further commentary by me may eventually be provided over on fratching (or it may not).

[draggar]

Wow that's strict - the previous HOA tried to get everyone's driver's lic# but no one gave it to them.

I can see them asking for a lisence plate#, make, and model of the car but social security #??

[drunkenwildmage]

And that's one of many reasons I try to avoid HOA...which is funny.. because the neighborhood I live in now has a HOA, but the only thing they do is run the neighborhood pool/Tennis court, and organize the yearly neighbor garage sale, beyond that, you are pretty much on your own. One of the trustees told me that someone called him for a compliant about a garden hose in someone's front yard overnight, and they told them, "there is nothing we can do" and that if it bothered them that much to call the city.

[Sliceanddice]

i would think because it would require such sensitive info that it could be protested and found illegal but i think needing license plate # dl # and make and model wouldn't be that odd

[BookstoreEscapee]

I really don't see how they can justify needing someone's social security number (unless they are actually a tenant) ... with all the fears of identity theft these days I sure as hell wouldn't give it out to just anyone.

[MadMike]

with all the fears of identity theft these days I sure as hell wouldn't give it out to just anyone.

Exactly what I was thinking. All they need after that is "mother's maiden name", and they can steal your identity.

[gremcint]

define overnight.
at 3am i leave your property for 5 minutes.

[AccountingDrone]

No they can NOT have my guest's social security number, drivers license number or anything other than name and auto license number so it doesn't get towed.

[Broomjockey]

define overnight.

"present at both 9pm and 7am." Or at whatever time they decide for checking. Sorry, but clever your trick ain't.

[gremcint]

ok then leave the property at 9pm for 5 minutes or show up after.

[Pedersen]

ok then leave the property at 9pm for 5 minutes or show up after.

So the rule could easily be "Two patrols will be made at random times between 9pm and 5am. Any unknown vehicle parked outside your home or in your driveway at those two times will be counted as an overnight guest at your home unless you file a complaint in advance of the patrol seeing the car for the second time, in which case it will be towed."

Or, you can stop trying to make up ways to get around the rule, and just call the rule a truly douchey rule. Which it is, and I think the rest of us will agree with you on that.

[gremcint]

I'm actually just trying to point out how dumb the rule is by showing depending on the specifics of the law how easily it would be to get around it. Honestly they are having problems with breakins so they put this rule in place and to actually enforce it they'll need at least 2 patrols a night, why not just get more patrols or put together a neighbourhood watch.

[protege]

This really does seem like a dumb law. I'd really like to see how they're going to enforce it, if a guest doesn't own a car. What if the guest walks, or takes the bus? Unless it's a gated community, how are they going to keep a lid on foot traffic? Are they going to start searching buses too?