Thursday, January 20, 2011

Can your HOA publish your phone number?

So your Board just announced that it will be publishing a neighborhood directory with the addresses, phone numbers, and email addresses for all owners, is that ok with you? My HOA in West Broward did this for years and I have to admit that the guide came in handy when I wanted to contact a neighbor regarding a recipe, babysitting or mail pickup during vacations. I haven’t seen the directory in the last two years and I suspect it is because the student who published it for us has graduated and moved out of state. However, it got me thinking whether the board could continue publishing this information about each owner?

The 2010 changes to the HOA Act include new language clarifying which “records” may be made available to owners and which may not. It should be noted that the statute requires the HOA to maintain electronic addresses for owners who agree to accept notices via electronic transmission but goes on to state that email addresses and owners’ phone numbers are off limits.

Below are excerpts from Chapter 720:

OFFICIAL RECORDS
The association shall maintain each of the following items, when applicable, which constitute the official records of the association:

A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

INSPECTION AND COPYING OF RECORDS
The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access.

Notwithstanding this paragraph, the following records are not accessible to members or parcel owners: Social security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.

So the association must maintain a list of email addresses but not disclose it to owners requesting to inspect same; confusing to be sure. The real question is do owners support this move towards protecting their contact information from neighbors or do they long for the days when your neighbor knowing how to reach you was not the worst thing in the world?

This work by Donna DiMaggio Berger, Esq. is licensed under a Creative Commons Attribution-NoDerivs 3.0 Generic License.

2 comments:

  1. Our HOA does publish a yearly directory that lists name, address, phone numbers and email address. The residents do have the right to request that their phone numbers and email address are not published.

    ReplyDelete
  2. Can we include a note with the quarterly maintenance bill such as: "I agree to have my tele./e-mail listed in our Condo directory"

    Name of Owner/Unit #

    ReplyDelete