1/8/2025

Can Your HOA or Condo Association Share Members' Email Addresses? A Legal and Practical Guide

In today’s digital age, the question of whether a homeowners association (HOA) or condominium association can share members’ email addresses is increasingly common. For HOA boards, balancing transparency, legal obligations, and member privacy is critical. So, what does the law say, and what are the best practices to protect your members?

Legal Considerations

Under Nebraska Statute §21-19,169, the law restricts how HOA and condominium associations can share membership information, including email addresses. Specifically, without the board’s consent:

• Membership lists cannot be used for purposes unrelated to members’ interests.
• These lists cannot be used for commercial purposes, such as soliciting money, advertising, or sale to third parties.

This means that an HOA board has a fiduciary duty to protect its members’ private information. Sharing contact details without authorization could result in misuse or unintended consequences, such as exposure to unwanted solicitations, harassment, or worse.

Risks of Sharing Member Information

Once private information is shared, the association loses control over how it’s used. A third party could:

• Sell or distribute the data to marketers or creditors.
• Leave the information unprotected, leading to data breaches.
• Expose members to harassment, fraud, or exploitation—especially individuals in sensitive situations, such as those escaping abusive relationships.

The risks go beyond inconvenience; they could have serious legal and personal consequences for your members.

Best Practices for HOA Boards

To safeguard members’ privacy, HOA and condo boards should consider the following:

1. Never Share Membership Information Directly: Protect members by declining to release email addresses or other contact information to third parties.
2. Act as a Communication Intermediary: If a third party, such as a local news organization, wants to share information with members, have them send it to the association first. The board can then distribute it internally.
3. Consult Legal Counsel: Always seek legal guidance when handling sensitive member information to ensure compliance with state laws and the association's bylaws.

Protecting Member Trust

Maintaining the privacy and trust of your members is essential for the long-term health of any association. By prioritizing legal compliance and member privacy, your HOA or condominium board can avoid potential pitfalls and foster a sense of security within the community.