It appears that, effective July 1, 2010, members and employees of condominium associations and mandatory homeowners’ associations in Florida will be entitled to some additional privacy protections thanks to Senate Bill 1196.
The Florida legislature, through Senate Bill 1196, has revised Florida Statute Sections 718.111(12) and 720.303(5) to provide that the following records–in addition to those already protected–shall not be accessible to condominium unit owners or subdivision parcel owners:
- Personnel records of association employees, including, but not limited to, disciplinary, payroll, health, and insurance records
- Social security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, emergency contact information, any addresses of a unit or parcel 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 or parcel designation, mailing address, and property address
- Any electronic security measure that is used by the association to safeguard data, including passwords
- The software and operating system used by the association which allows manipulation of data, even if the unit or parcel owner owns a copy of the same software used by the association.
However, for some reason, Florida Statute Section 719.104(2), which governs the official records of a cooperative association, was not amended by Senate Bill 1196.
Members and employees of cooperatives thus will now have less privacy protection than their counterparts in condominiums and subdivisions.
I assume that this was not intended by Florida’s legislators and that a "glitch bill" will be introduced at the next session in Tallahassee to ensure members and employees in all categories of resident owned communities are given equal privacy protection.
In the meantime, members of cooperatives might want to bring this to the attention of their state legislators.