Publishing Directories

-
Many condominium associations have traditionally published directories listing their unit owners' names, addresses, telephone numbers, e-mail addresses, etc. During the 2010 legislative session, when phone numbers, e-mail addresses and other personal identifying information became off limits for records inspections there was some debate regarding whether condominium associations could obtain waivers from their unit owners to continue publishing this type of information in their directories. This issue has now been clarified by a change in the law. Section 718.111(12), Florida Statutes, now provides that a unit owner may now consent in writing to the disclosure of protected information outlined in the statute. This is an opt-in provision, meaning a unit owner must specifically consent to the publication of his personal identifying information. I recommend that any condominium association wishing to publish a directory contact its community association attorney to develop a waiver for this purpose.


As a reminder, here is the updated list of items that may not be provided to a unit owner as part of an official records request:


 Attorney-Client privileged correspondence
 Work-product privilege
 Information obtained in connection with the approval of a lease or sale of a unit
 Medical records of unit owners
 Social Security Numbers
 Drivers License Numbers
 Credit Card Numbers
 E-mail addresses
 Telephone numbers
 Facsimile numbers
 Emergency Contact Information
 Any address of a unit owner other than as provided for Association notices
 Electronic security measures and passwords for computers
 Software and operating system data
 Personnel records of association or management company employees, including but not limited to disciplinary, payroll, health, and insurance records.


Mark D. Friedman is a senior attorney at Becker & Poliakoff. You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com.
-

Governor approves HB 1195

The Governor has approved House Bill 1195 which includes changes to the Condominium Act. The new laws become effective on July 1, 2011. I am creating a series of blog posts over the next few days, as well as writing an article for the UCO Reporter, so that you have all of the information regarding the significant changes.

Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff. You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com.