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AlexM1 (Oklahoma)
Posts: 287
Posted:
One Board member is demanding to immediately be able to call every owner(condo owner)
in our complex to get the name(which is OK), email address(some refuse) and telephone
contact of all owners and if they have tenants, to get the names/telephone numbers, and email
addresses of their tenants.

My concern is that this might be an invasion of privacy and does the Board member have the
right to demand this.

The reason for wanting this is not totally clear but this Board member states that the reason
is to save money so Management can send out emails rather than stamped envelopes.

I remain somewhat concerned that legally, the Board does not have the right to do this.
JM10 (California)
Posts: 503
Posted:
I think having email addresses as well as phone numbers is good for safety. For instance, when there was flooding behind one unit, it would have been nice to be able to call the owner/tenant instead of leaving a note on the door.

Check your CC&R in regards to membership rosters/lists. My state, California, only requires the member's address. Not email addresses or telephone numbers.

There are some things that can be sent out by email and some things that must be sent by personal delivery. If the board wants to save money and provide easy access, they can always set up a blog, either private or public.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Alex,

I am not aware of any Arizona law that addresses this issue. The name of the owner and his mailing address are public records so the association can get those whether the owner wishes to give that information or not. The rest of the information requested is voluntary and the association has no inherent right to it.

Has your board authorized this collection of information or is it just one board member acting on his own?

I think you are right to be careful about giving out personal information because once it is in the hands of someone else you can no longer control where it goes.

One way to deal with the email issue is to set up an account on Gmail with an address of something like [email protected]. You can send and receive email for that account through mail programs like Outlook or Outlook Express. If you find yourself receiving spam instead of association emails you can delete the account without a major inconvenience to yourself.

FredS7 (Arizona)
Posts: 927
Posted:
> The rest of the information requested is voluntary and the association has no inherent right to it.

I would tend to agree with that, barring some special (and unusual) language in the CC&Rs.

Before "demanding" anything it would be a good idea to be certain of your legal ground AND consider what you could do to enforce such a demand. You might need to get your lawyer involved if this guy won't see reason.

Having said that- it's a pretty peculiar owner who does NOT want to be immediately informed about imminent threats, etc. Like wildfires, floods, etc. etc.
AlexM1 (Oklahoma)
Posts: 287
Posted:
The main point here is or refers to the renters. If they have complaints, they go thru their owners to the Association. Now, does the Association have any right to demand that we have their telephone number and email address? (legally, that is).

We have the contact information for the OWNERS of the condo unit.
PeterD3 (Florida)
Posts: 708
Posted:
Larry kinda hit it.

I agree 'disposable' (as I call them) accounts can be made. But can you mandate that they be used/read/etc.?

Do your docs. require an e-mail account of owners and/or renters as a condition of membership or lease? (Only then I would agree they can be 'demanded'.)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
All

Our docs call for the BOD to maintain an up to date mailing list of all owners and/or occupiers and for them to provide such information. All that own here signed for those docs thus they agreed to do such.

Now as much as I like Email and use it, demanding Email addresses is above and beyond an up to date mailing list.

AlexM1 (Oklahoma)
Posts: 287
Posted:
I am more concerned about the legal aspects of this....
JM10 (California)
Posts: 503
Posted:
Hi,

I was looking at my CC&R because I had a small claims court case on Friday.

Our CC&R (as opposed to California state codes) say that the membership register includes mailing addresses and telephone numbers.

AND I also remember reading this:

The court of appeals expanded the definition of "address" in Corporations Code ยง8330(a) to include email addresses for purposes of inspection and copying rights in a case involving timeshares. Worldmark v. Wyndham Resort. The courts have not ruled on whether it applies to common interest developments.

Read more: Membership Emails http://www.davis-stirling.com/MainIndex/MembershipEMails/tabid/3098/Default.aspx#ixzz1tz8SVhi1

So again, you might look at your CC&R as well as recent court decisions. Sorry. I only know California.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I don't think it's an unreasonable request by any measure. But, it's the duty of the board to honor decorum and discretion in reaching out to tenants and owners on business matters.

One wrinkle is this, though: Why would the board deal with tenants at all when it's the owner who should make his or her property available if a situation arises?

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