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DebbieV4 (Florida)
Posts: 1
Posted:
Can an HOA board release names, addresses and emails of HOA members?
EdC5 (Florida)
Posts: 117
Posted:
Quote:
Posted By DebbieV4 on 02/13/2019 5:21 AM
Can an HOA board release names, addresses and emails of HOA members?

Florida Chapter 720.303(4)(g): 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.

Now, if I were asked by a member about this I would respond, as a CAM, that the release of information is only to members, not to anyone outside the association.

Edward J Cooke, CMCA, LCAM
AugustinD
Posts: 5,144
Posted:
Florida statute section 720.303(4)(g) counts names, addresses and email addies of HOA members to be among the "official records" of a HOA. When a HOA member requests this contact information, Florida statute 720.303(5) requires the HOA to release it as follows:

"(5) INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
... "

More at http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=720.303&URL=0700-0799/0720/Sections/0720.303.html
CarolF (Florida)
Posts: 435
Posted:
However, I have given my email address to the association to receive official notices from the
association only. I think it is improper (though apparently not illegal according to statute)
for it to be given out to others, who can use it in any way they wish.
I wish Florida would revisit this email issue.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That information is pretty much PUBLIC. Just may take a little work on your end to gather it. Don't think the HOA should be responsible for doing the work to provide it. Simply because I can drive through my neighborhood and get the address of my neighbors. If I want their names, that is at the Tax Assessor's office if I know the lot#. Which if I have a copy of the plat, then can find that out.

So do not see why this is a HOA function to provide PUBLIC information. When it comes to things like email addresses that are NOT public, then that is up for debate. I would not allow one to have my email address or would opt out of that option if asked. Does that mean the HOA didn't provide that information? No. It's not provided to them or it was opted out to be provided.

My opinion is that the HOA membership that is interested members show up at meetings or participate. Those members you don't see or interact, then are not most likely to respond to contact anyways.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By DebbieV4 on 02/13/2019 5:21 AM
Can an HOA board release names, addresses and emails of HOA members?

Members have a right to the names, property id (parcel, lot, street address, unit number, etc.), and mailing addresses of all members. Email addresses are not available UNLESS the homeowner has provided written consent to receiving official association notices via email. Unfortunately, if email addresses are revealed "accidentally" there is no penalty.

Quote:
Posted By CarolF on 02/13/2019 8:23 AM
However, I have given my email address to the association to receive official notices from the
association only. I think it is improper (though apparently not illegal according to statute)
for it to be given out to others, who can use it in any way they wish.
I wish Florida would revisit this email issue.

Don't hold your breath. Several statutory amendments over the last few years are widely considered to be "glitches", i.e. provisions not well thought out or that introduced unintended consequences. There are no proposed updates this year to the Florida statutes for condos and only one update for HOAs that concerns recall votes.

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