“What Information to Include in Association Directories” – News-Press
Q: I am working with the board of directors for my association on publishing an owner directory. However, we are confused on what information the association may publish in the directory. What information are we allowed to include? (W.M., via e-mail)
A: Both the Florida Condominium Act, Chapter 718, Florida Statutes, and the Homeowners’ Association Act, Chapter 720, Florida Statutes, address the authority of an association to publish and distribute an owner directory.
For condominium associations, the owner directory is discussed in Section 718.111(12)(c)5. e., of the Condominium Act, and for homeowners’ associations, the directory is discussed in Section 720.303(5)(g)6., of the Homeowners’ Association Act. In both statutes, the directory is discussed as an exception to the provision of the statute that addresses what information is generally excluded from disclosure by the association pursuant to a records inspection request by an owner.
Broadly speaking, personal identifying information of owners is not information that the association is obligated to disclose to other owners pursuant to a records inspection request. Personal identifying information as discussed in the statutes is social security numbers, driver’s license numbers, credit card numbers, e-mail addresses, phone numbers, facsimile numbers, emergency contact information and addresses of the unit owner other than as provided to fulfill the association notice requirements or any other personal identifying information of any person excluding the person’s name, unit or parcel designation, mailing address, property address, and any other address including e-mail addresses or facsimile numbers used to provide the association’s notice.
Further, the statutes goes on to state that notwithstanding these restrictions, the association may print and distribute an owner directory which contains the name, unit or parcel address and telephone number of each owner. However, an owner is entitled to have their telephone number excluded upon a written request. Additionally, owners may consent in writing to have additional information disclosed in the directory.
As such, an owner directory is specifically authorized by both of the statutes and if the association wishes to publish an owner directory, the best practice is for the association to have owners opt in to what information they wish to have published in the directory, and in the absence of such permission, the association should publish the owner’s name and parcel address. However, if an owner consents, additional information can be included such as their telephone number, which again, is authorized by the statute, unless the owner objects, e-mail address or other information the owner specifically consents to have disclosed.
While the association may elect to publish the owner directory discussed above, every association is required to maintain, as part of its official records, a roster of all owners. The roster must contain the owner’s mailing address, unit or parcel identification, and if the owner has consented in writing to receive official notice from the association by e-mail or facsimile number, the e-mail or facsimile number designated by the owner to receive such notice.
The roster of the members is an official record of the association that is open to inspection by other owners upon written request to inspect and copy the official records of the association. Accordingly, even if the association does not publish a directory, owners who request to inspect the official records of the association have the right to inspect and copy the owner roster.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
