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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I also would like your thoughts on an issue I am having with

Customer Question

I also would like your thoughts on an issue I am having with my HOA ([email protected] Mgt.). I recorded a quitclaim deed on my house, and now have to fill out an application of residency for the Hampton Isles HOA. The problem I have is that they want my driver license number, birth date, social security number and bank account number. This is very sensitive information. Are they legally allowed to require that info? I have no problem with filing out the forms, background checks, credit checks and paying the $125.00 fee. But to divulge that kind of information on a single document to someone I don't know, does not seem wise. Also, we own the house and do not see what they would need that info for we are not financing from them. Any help on this matter would be greatly appreciated.
Sincerely, *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, when you buy into an HOA, they are entitled to do a credit and background check and they have to keep your information confidential, but they are entitled to that information to conduct such a check. If you refuse, then they can legally deny you residency. This is something we warn all customers and clients in our offices too about when they are moving into an HOA or joining into an HOA. So once you recorded the quit claim and moved for residency in the HOA, they have the right in accordance with their bylaws and CC&R to ask for the information and the law does not give you rights to refuse without being refused the residency in the HOA.

Customer: replied 1 year ago.
I understand that but my bank account numbers need to be disclosed?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to provide them with the information they are seeking, including bank account numbers. They are liable to you if any of that information gets out and would be liable to you for any damages incurred by you as a result, as they have a duty to keep the information confidential.