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IslamM (Florida)
Posts: 67
Posted:

Does anybody know from the moment the Board or the Management Company, requests personal documents, like leases, background and credit checks, which privacy policy is commonly used?

Presently one of our new member had his identity stolen. And it happens he purchased at the time there was a change of Maintenance Companies, presently one blames the other so now the membership is questioning the privacy policy the Board and Maintenance Company have in place, is there a form or law mandating it.?

You all are wonderful support, I am really grateful! Thank you!

LarryB13 (Arizona)
Posts: 4,099
Posted:
Does it really matter which management company might have been involved? It was your association that demanded personal documents and it was their responsibility to keep them safe.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA has no right to one's social security number. So if your HOA or management company is demanding that be provided, you may want to re-think your policies.

Former HOA President
EdwardC1 (Florida)
Posts: 14
Posted:
Social security numbers, background checks, etc. are not records that are releasable to the association's members, per FL Chapt 718.111(12)(c)(2) et seq. [HOAs are covered under a similar section in FL Chapt 720]:

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.
3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.
4. Medical records of unit owners.
5. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner. However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. An owner may consent in writing to the disclosure of other contact information described in this subparagraph. The association is not liable for the inadvertent disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
EdwardC1 (Florida)
Posts: 14
Posted:
Quote:
Posted By MelissaP1 on 12/11/2016 10:44 PM
The HOA has no right to one's social security number. So if your HOA or management company is demanding that be provided, you may want to re-think your policies.

Of course it can; I do it regularly to background check prospective owner and residents.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Nope it is not. There is no reason for a HOA to have your Social Security number. The HOA does NOT own the homes. I would never ever give my social security number to a HOA. Just because you do it doesn't make it legal or right.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
I'm sorry the homeowner had his identity stolen, but how does he KNOW the management company was responsible? He'll have to prove that if he wants some sort of legal recourse against them (or perhaps both companies). In the meantime, I hope the guy has filed a police report, notified his creditors, the social security administration and the big 3 credit reporting agencies to place a credit freeze on his account (with a credit freeze, it's very difficult for someone to open new credit accounts in your name, even if they have your SSN.)

Now regarding HOAs and privacy policies, I'm not aware of any standard policies for them or management companies, but if the association is going to have access to personal information like SSNs, they need one. To do it properly, I would suggest consulting an attorney to see what elements it should contain - start with stuff like:

What’s being collected and how?
Why is the information being collected?
What third parties will have access to the data?
How will the data be stored to ensure there’s no unauthorized access?
Can homeowners ask to see the date you have? How will the association handle requests to correct, delete or block data?

The ONLY reason I could see a HOA using someone's SSN is for collecting delinquent assessments. The SSN might help in searching for assets that could be subject to a lien or if the association was writing off the account and then submit a 1099-C to the IRS for that amount. Although the HOA couldn't pursue the debt after that, that amount would be considered income to the owner and therefore taxable. Banks and credit card companies often do this and I asked about it on this website several years ago (do a search and it still be there someplace). As you might imagine there's more to this maneuver than meets the eye - if anyone was to consider doing this, he/she would be wise to speak to an attorney and a tax expert about the pros and cons. Ditto for privacy policies.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
IslamM (Florida)
Posts: 67
Posted:
MelissaP1;

I did not mention social security only leases, background checks, credit checks, drivers license?
FredS7 (Arizona)
Posts: 927
Posted:
At least in my experience: the HOA did NOT request SSN, driver's licence #, or car tag #, and did not perform a background or credit check.

They did ask my name and where to mail the bills.

IslamM (Florida)
Posts: 67
Posted:

Please check the question " I did not mention social security number" only leases, background checks, credit checks". But I agree withe MelissaP1, I would never give the HOA my social security.
Thanks!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I also don't believe the HOA or MC's should have that other information. However, in some cases there are HOA's that require a copy of a lease agreement if an owner is renting out. I don't see the need for a HOA to do a background check unless they are the ones who own the home. Otherwise, the bank or the landlord should have done all that work.

What personal information was breached if it wasn't one's social security number? Everything else is pretty much public information except maybe my cell phone number. I wouldn't consider someone having my HOA home address, a phone number, or my car tag information "personal" information. My number is in a phone book or able to be googled. My address you can drive by it. My car tag is right there to see.


Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, just having someone’s name or address isn’t necessarily identity theft – anyone can be named IslamM or live in Florida.

Identity theft means someone got hold of a vital piece of personal information that can be used to create a new identity or impersonate someone – like a SSN or driver’s license. Is that what happened in this case?

I find the more details you provide in asking questions like this the better – that’s why I mentioned SSNs because if one’s identity has been stolen, can you really trust what a background check says, for example (the information could have been generated because someone else used one's personal information)? And speaking of background checks, you still didn’t say why the property manager would need information on leases, background checks, credit checks or – a driver’s license. Did you ask them? What did they tell you?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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