As promised at our last Board Certification Class, I would begin publishing some of the questions we did not have time to discuss during the presentation.
We wish to publish a directory of unit owners, including their phone numbers and e-mail addresses, do we have to obtain their permission?
Section 718.111(12), Florida Statutes, prohibits the Association from giving out unit owners’ phone numbers and e-mail addresses. However, an owner may consent in writing to the disclosure of protected information. Therefore, the Association should have its community association attorney draft a waiver for the types of information you wish to publish. The waiver must be signed by all unit owners whose personal identifying information (phone numbers, secondary addresses, email addresses, etc.) will appear in the directory.
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Many thanks for digestible and clear legal explanations.
ReplyDeleteYou're welcome.
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ReplyDeleteHello Mr. Friedman,
ReplyDeleteAs you well know, I am not an attorney, and do not wish to engage in Unlicensed Practice of Law,
but I'd like to bring to your attention an error in the Article that you wrote for the Reporter relating to the Housing for Older Persons Act. The 80% requirement in HOPA that you referred to relates to occupied units and not simply to units.
In a 20 unit building, according to your statement, as long as 16 units were occupied by at least one person 55 years of age or older, the building would meet that specific HUD requirement.
If, for example, two units in that 20 unit building were not occupied, i.e., occupied meaning, (1) occupied by one or more persons on the date that the exemption is claimed; or (2) A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis, then the following would apply: These two units would be subtracted from the twenty units = 18, and 80% of 18 = 14.4 units rounded off to 15 units. Therefore, according to the HUD guidelines, only a maximum of 3 units, instead of 4, could then be occupied by persons under 55 (without a co-occupant who is 55 years and older) on the date that the exemption is claimed.
Randall,
ReplyDeleteWhile I appreciate your legal analysis, there was no error on my part, just an attempt to simplify the law for the average reader.
As you point out the definition of "occupancy" is one that is not easily addressed by the average person as it is a very technical definition. However, for the sake of clarity, 80 percent of the occupied units must be occupied by at least one person 55 years of age or older.
Thank you for bringing this to my attention such that I could clarify.
You really shouldn't underestimate your clientele Mr. F. most of us are smarter than you think!
ReplyDeleteSue,
ReplyDeleteI do not underestimate my clientele and I apologize if my comment made you think that is what was meant. The blog postings are not designed to be legal opinions or a substitute for consultation with your association’s legal counsel. They are intended only as generalized explanations of concepts in the law which affect condominium living.
Mark