My HOA recently began requiring that overnight guests sign an authorization form wherein they must give their full name, relationship to the owner, phone number and photo ID.

This is a gross violation of privacy. Is it legal for an HOA to demand these things of an owner's guest?

  • In what jurisdiction?
    – phoog
    Jul 16 '17 at 21:58
  • New York City (Manhattan)
    – cph2117
    Jul 17 '17 at 1:29
  • Is it a condominium or a co-op?
    – phoog
    Jul 17 '17 at 3:25
  • It is a condominium
    – cph2117
    Jul 17 '17 at 12:36

Assuming that the HOA duly adopted the rule that requires this disclosure, probably yes.

An HOA is not subject to the privacy law or constitutional restrictions of a governmental entity, an HOA is the de facto owner of the common areas of the HOA, and in general, a private property owner can insist on getting any information the private property owner wishes as a condition of using a private property owner's property.

Generally speaking, however, the declarations of a condominium set forth the process by which rules like this one can be adopted and those rules have to be followed for the rule to be valid.

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