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ZaneB (Texas)
Posts: 2
Posted:
I wanted to get a few opinions out there. Our homeowners association requires key cards to gain access to the pool. I agree with that. However, after entering the pool, we are required to fill in our personal info into a sign-in book. They want us to fill in the date, our name, address, telephone, email, members of household that are at pool and any guests, and our key card number. This seems excessive. Shouldn't the key card be enough. Are they violating any privacy laws? What are they using this information for? Shouldn't the pool key be enough? Any help would be appreciated.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Zane:

Welcome to the forum. LOL ... I would just put my key number and # of guests (if any). The rest of the information they potentially should already have in their records and is nobody else looking at the guest books business.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Here you go:

http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.521.htm

CHAPTER 521. UNAUTHORIZED USE OF IDENTIFYING INFORMATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 521.001. SHORT TITLE. This chapter may be cited as the Identity Theft Enforcement and Protection Act.

Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. April 1, 2009.

Sec. 521.002. DEFINITIONS. (a) In this chapter:
(1) "Personal identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(A) name, social security number, date of birth, or government-issued identification number;
(B) mother's maiden name;
(C) unique biometric data, including the individual's fingerprint, voice print, and retina or iris image;
(D) unique electronic identification number, address, or routing code; and
(E) telecommunication access device as defined by Section 32.51, Penal Code.
(2) "Sensitive personal information" means, subject to Subsection (b):
(A) an individual's first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted:
(i) social security number;
(ii) driver's license number or government-issued identification number; or
(iii) account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; or
(B) information that identifies an individual and relates to:
(i) the physical or mental health or condition of the individual;
(ii) the provision of health care to the individual; or
(iii) payment for the provision of health care to the individual.
(b) For purposes of this chapter, the term "sensitive personal information" does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

Sec. 521.052. BUSINESS DUTY TO PROTECT SENSITIVE PERSONAL INFORMATION. (a) A business shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal information collected or maintained by the business in the regular course of business.

LOL … is the association registered as a Non-Profit Corporation?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think this isn't a bad idea. What if there was an emergency? If there was damage, the HOA could review the book to investigate. It wouldn't hurt to be accountable if there is an insurance claim. Providing this information isn't an invasion of privacy as much as a preventative measure of accountability. If you want to go skydiving they make you sign a release form. I would equate this to such a form. The form may could be shorter but it's a good idea to me.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Melissa

We can agree to disagree. While I will not go down the Invasion of Privacy road, I say anything more them name, card# and number in ones party, is pushing it.

One reason I bought in my present HOA is it has no pool. My voice of experience says it can be one of the most costly and argued about amenities one can have.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
They want us to fill in the date, our name, address, telephone, email, members of household that are at pool and any guests, and our key card number.


They can ask, doesn't mean you have to fill it in.
JonD1
Posts: 2,350
Posted:
Zane, more than likely not some scheme to gather all of your personal date rather an attempt to control who is using the pool.

IMO the HOA is responsible to maintain and cover the cost of operations for the pool along with that they have the right to set guidelines for its use.

We require people to present a pool pass and then simply sign in with their name and unit number.

Many times people have tried to slip in and use the pool and when asked they forgot their pass and live "up there" but don't provide the address or unit #.

As for guests we set a limit and if they wish to bring more they are charged a fee.

After one tenant decided to make the pool his hangout for friends and family we needed to set conditions.

Enjoy the pool and consider the requirements an attempt to protect your rpoperty and its assets.
BrianB (California)
Posts: 2,820
Posted:
It's not an invasion of privacy, and i don't see it breaking the Texas law either, in my initial glance.

Let's see, they want: date, our name, address, telephone, email, members of household that are at pool and any guests, and our key card number.

Of those, the date is pretty innocuous, i'd do that. It helps keep track of use per day, for example.
Name is nice, and since that's publicly available from the government, it's not an invasion of privacy. Also, there could be safety concerns, and/or contractual reasons for it. Besides, it's always nice to have a name to put with bodies, should there be some disaster.
As for address, it depends on how big your HOA is. If it were huge, then probably should, cause how else will they know you belong, where to send the cleaning bill, or how to get a hold of you should you leave your phone there. Besides, that's public information anyway.
As for telephone and email, I would just skip that. Tell them you don't have either one. There's no law that requires you do, and hey, I wouldn't have a phone either, if it were my choice alone.
Members of household: again, put a name or so in there, it's nice, it may be contractual with the HOA, and it keeps track of users of the pool, etc.. Same for guests.

As for key card, I would say they could have that OR the address, unless I signed a contract signifying otherwise.

Honestly, it seems a bit complicated for a pool, but it's not really much worse than a lot of things. they may have their reasons. You could always ask them.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By ZaneB on 03/13/2012 2:44 PM
I wanted to get a few opinions out there. Our homeowners association requires key cards to gain access to the pool. I agree with that. However, after entering the pool, we are required to fill in our personal info into a sign-in book. They want us to fill in the date, our name, address, telephone, email, members of household that are at pool and any guests, and our key card number. This seems excessive. Shouldn't the key card be enough. Are they violating any privacy laws? What are they using this information for? Shouldn't the pool key be enough? Any help would be appreciated.

It does sound a bit overboard.

Date, time, name of member who card is assigned to (or card number) and names of people using the pool should be enough. The rest of the information should be in the association's records. Sounds to me like somebody is just too lazy to look it up.

Email address? Really? How about putting down where you plan to be buried?
BradP (Kansas)
Posts: 2,640
Posted:
Here is my take, I think the information they are asking for is a bit excessive, but not illegal. In reality they should just be asking for name, card number and number of guests. Maybe they are trying to gather data on demographic of pool users, how many guests at one time, who uses their card, etc. As for the other information, perhaps they are just trying to harvest email and phone numbers for their records to make it easier to communicate.

At the end of the day they can't make you fill in the information, depending on the type of info they were looking for perhaps a camera would be a better source of information. While it sounds good in theory, if anything were to happen all this log would do is give them a place to point police to ask questions, it doesn't prove anything.
ZaneB (Texas)
Posts: 2
Posted:
Thank you all for your insights. I am meeting with the board tonight to discuss. Here is what I am going to say:

In order to gain access to the pool we are required to use our pool key. When we applied for the pool key we provided the mgmt company in the Acknowledgment and Waiver form with our name, address, phone, email, list of all family members, and date of birth of all family members under the age of 18. These policies are fine and I have no problem with all of this.
However, in addition to using our pool key to gain access to the pool, we also have to fill out a sign-in book. The sign-in book requires our name, address, phone, email, number of family members at pool, number of guests and pool key number.
I would like to request that we discontinue the use of this sign-in book for the following reasons:
• The information required in this book has already been provided to the mgmt company when we applied for our pool key.
• In my opinion, there may be privacy concerns with this book. Anyone entering the pool can see my family’s personal information. This includes life guards, guests, contractors etc.
I have few questions for the board:
• What is the purpose of this book?
• Is this information being used by anyone for marketing purposes?
• Does the book ever go off-site and who has access to the book?
• If there are valid reasons for having the book, could we scale it down to simply provide our name, Pool Key #, number of guests.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Zane:

Very nice … gives good reasoning on why excessive and your concerns … also gives them an out so they do not feel backed into a corner.

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