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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33416
Experience:  Began practicing law in 1992
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How much will this cost? Can private information (name, AZ

Customer Question

How much will this cost?
Can private information (name, AZ address, phone #, email, home address, phone #, email) be uploaded to a HOA website without written consent of the owner or their signing up or registering on the website?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 9 months ago.
Did you receive my question?
Expert:  Dwayne B. replied 9 months ago.

There should be a link there on your screen for customer support or customer service. Do you see it? If so, then click on it so you can get the issue resolved regarding payment. If not, let me know and I can send something to the moderators, it usually takes alittle longer that way though.

Also, the information I give you may not be what you think the law should be. The experts here have no control over the law, of course, all we can tell you is what the law says about a particular topic, good or bad. I just want to make sure that you understand this and will rate me based on my service and not on whether or not the law is in your favor.

Customer: replied 9 months ago.
Don't see it. and the price is to be $36?
Expert:  Dwayne B. replied 9 months ago.

The experts don't have much information on details about your account. Would you like for me to contact he moderator and ask them to contact you? Then, we can either continue or wait for them to resolve the matter.

I do know that the customer chooses what the price of the question is during the process.

Customer: replied 9 months ago.
what info do you think you need?
Customer: replied 9 months ago.
Please cancel my request for an answer to my posed question.Pam
Expert:  Dwayne B. replied 9 months ago.

I can answer your question, I just want to make sure your questions about the fee are handled first. We can go ahead and start working on the question and you just let me know if you need me to send it to the moderator.

As far as the HOA publishing your info in the director, even there is nothing in any of the rules or bylaws that specifically allows it or that you agreed to it, it wouldn't be illegal. Many people believe that most of their information is protected by privacy laws but that's incorrect. In reality, most information has absolutely no protection because there are no laws that specifically state it is protected.

Your medical records are protected to a degree. HIPAA protects them from an unauthorized release but only from a "covered entity" which includes insurance companies, employers, and health care providers. However, it doesn't include a release of the records from someone else, your spouse for example.

Your Social Security Number is ***** from release by a variety of laws.

However, there is no law that protects your "name, AZ address, phone #, email, home address, phone #, email" from being published on a website with or without your permission. The only exception to this would be the HIPAA law if a "covered entity" released anything identifying you or that was associated with you, again because there is a law that specifically says so.

You can, however, attempt to get the HOA to remove your information but I would do so under the theory that if anyone uses this information for any "nefarious purpose" then the HOA would be responsible. You may also be able to claim that it is a breach of an implied contract. I've never seen anyone try the implied contract theory but it could possibly work.

It is also possible that you could convince a judge that allowing the information to remain out there subjects you to too many potential issues such as a robbery, etc. and therefore the HOA should be enjoined and required to take the information off of the website and not put it back up there. You can combine the request for an injunction with another type of lawsuit, such as the implied contract, even though there are no damages right now.

You will almost certainly need a lawyer to help you if you decide to file for an injunction because they are extremely complex and procedurally difficult.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 9 months ago.
Don't want a lawsuit just an answer. Thanks!
Expert:  Dwayne B. replied 9 months ago.

That's the answer, it can be uploaded to a website without specific permission, consent, or signing up with the website. I added the extra stuff on because most people ask it as a follow up.

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