Richard White: Privacy laws prohibit address directories for community members

Q: For many years, until 2008, our condominium provided a directory that included names, addresses, phone numbers and email addresses. It included renters' information along with the owners. Now the board tells us that privacy laws prohibit a directory. What information can the board provide to let us know the names of our neighbors?

— MP, Naples

A: Yes, there is a problem with an open address directory. It can lead to a possible liability if the information gets into the wrong hands. Directories are valuable to provide contact information for neighbors. Once the board publishes a directory and circulates it to the members, then the association has no control over the information published in the directory and it can go anyplace. A possible solution is a web-placed directory that requires a password where the members who wish to post would upload their information. Such a website would be valuable to the board and members for a place to post association information such as the documents, rules and other business information such as minutes.


Q: I live in an adult community. We only have one swimming pool with a policy that children only can be in the pool for certain hours. Recently, our manager extended the pool hours for children. Can management legally do this without a vote of the members or any input from the members?

— JO, Clearwater

A: The manager alone cannot alter the hours as you indicate. Unless your documents have such hours for children, the board of directors can establish pool policy as long as they comply with state swimming pool laws. It would be my feeling that the board instructed the manager to change the hours. You need to address your question in writing to the board of directors.


Q: We have water leak problems in our building as it is more than 25 years old. Does the rule of owner's responsibility still apply to damaged walls? The condominium always has assumed responsibility for leaks in common pipes and the owners take responsibility if the leak comes in his unit. Are we correct?

— EB, Dunedin

A: First, check your documents to see if they have different requirements. Most documents do not require the association to do more than replace unfinished drywall. Regardless of the source of the water, each party would be responsible for its own repairs for the loss and damage. A better source for this information would be your association attorney and your insurance agent. That brings up a point that I have made in previous columns: the requirement for an owner to be insured. About seven years ago, the state changed the statutes and required each owner to buy property insurance. That law was changed and owners are not required to provide their own insurance. That, however, does not relieve the owner from paying for their own loss. If water comes from another source but damages a unit, the owner would be responsible for their own loss. How much simpler it is if they have insurance to cover the loss.