LillithR (Florida)
Posts: 6
Posts: 6
Posted:
Hi everybody, We're an HOA, and we've got one of those issues where everybody is getting pretty cranky.
One Condominium resident has requested everybody's email addresses. We've had this available as an online directory but several people requested their email address not to be listed. The HOA uses a google group to send email notices to residents. It sounds like the resident making the request does have the right to the full google group list of emails, because it's used to send notices:
---QUOTE---
718.111 The association.—
(…)
(12) OFFICIAL RECORDS.—
(…)
(b) (…) paragraph (c) may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property,(…)
(c)1.a. The official records of the association are open to inspection by any association member (…) If the requested records are posted on an association’s website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access.
(…) the following records are not accessible to unit owners:
e. 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.
---/QUOTE---
However the resident is requesting that we provide this information in a specific format, and I do not see anything requiring such a thing.
Since we send notices by mail (for votes etc) or by email (for notices of meetings), if I'm reading this right, then the resident would be entitled to a list of names and mailing addresses which we use for mailed notices, and a list of email addresses which we use for emailed notices, but not a list describing what member goes with what email address, since we do not track that information by default in our emailed notices? (we do match emails to people in our directory that is already available to all members both online and in our community booklet, but that one does not contain the emails of people who opted out).
Really, it sounds like what he is entitled to as far as the emails, is to be sent a screen shot of our Google Group membership list, which is what we use "to fulfill the association’s notice requirements." Does that seem correct to you guys?
Related issue, the resident has already sent messages out to a cc mailing list apparently made from the online directory and has has several people request to be removed from his mailing list. Would it be imprudent to provide a list of the emails of people who have requested not to be contacted by the resident, when we provide the list of emails? Do those people have any redress if they are not removed from the resident's list? Or should I just be providing instructions to our residents on how to block emails?
Well, if you made it this far, thanks for reading my wall of text. Hope you're all having a great week!
-Lith
One Condominium resident has requested everybody's email addresses. We've had this available as an online directory but several people requested their email address not to be listed. The HOA uses a google group to send email notices to residents. It sounds like the resident making the request does have the right to the full google group list of emails, because it's used to send notices:
---QUOTE---
718.111 The association.—
(…)
(12) OFFICIAL RECORDS.—
(…)
(b) (…) paragraph (c) may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property,(…)
(c)1.a. The official records of the association are open to inspection by any association member (…) If the requested records are posted on an association’s website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access.
(…) the following records are not accessible to unit owners:
e. 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.
---/QUOTE---
However the resident is requesting that we provide this information in a specific format, and I do not see anything requiring such a thing.
Since we send notices by mail (for votes etc) or by email (for notices of meetings), if I'm reading this right, then the resident would be entitled to a list of names and mailing addresses which we use for mailed notices, and a list of email addresses which we use for emailed notices, but not a list describing what member goes with what email address, since we do not track that information by default in our emailed notices? (we do match emails to people in our directory that is already available to all members both online and in our community booklet, but that one does not contain the emails of people who opted out).
Really, it sounds like what he is entitled to as far as the emails, is to be sent a screen shot of our Google Group membership list, which is what we use "to fulfill the association’s notice requirements." Does that seem correct to you guys?
Related issue, the resident has already sent messages out to a cc mailing list apparently made from the online directory and has has several people request to be removed from his mailing list. Would it be imprudent to provide a list of the emails of people who have requested not to be contacted by the resident, when we provide the list of emails? Do those people have any redress if they are not removed from the resident's list? Or should I just be providing instructions to our residents on how to block emails?
Well, if you made it this far, thanks for reading my wall of text. Hope you're all having a great week!
-Lith