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Condo association practices, identity theft and the Privacy Act

Posted on Sat, Nov 13, 2010 @ 07:45 AM
  
  
  
  
  
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My question is in regard to "Privacy Act", for a Florida Condo Association. As I attended a "Regular Board Meeting" last evening, a statement by the President was made that made me question the Privacy Act Laws. The President stated she called the property manager to get a former residents Social Security Number and license number. Let me also state that I use to take care of the association books and all Personal Identifiers were blocked out on every document that I filed for the association's records. This unit owner has been off property for over 2.5 years and the unit has been in the foreclosure process. The President stated she took the information and went on her home computer to perform a search using the social security and license number so she could obtain his current address. Then she passed the information on to the association attorney. This case has been with the attorney for 2.5 years. Does the fact that the Property Manager gave sensitive personal information out for a purpose like this violate any laws? Why did the attorney or the Property Manager never perform this type of search? In today's times with identity theft going on I find this to be a unethical practice. Regardless if the information was given to the President or any board member for that matter. Your comments would be appreciated.
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Comments

It sounds like your President is trying to get the process moving again by providing the information to the Attorney. It's the right thing to do for your association. Why you would want to tie the hands of your own assoc? You are way to sensitive about information in this case. IMHO.
Posted @ Saturday, November 13, 2010 8:35 AM by Jeff Leavitt
Jeff, thank you for your comment. In response I would like to say first that postings sometimes come across as being sensitive or emotional, basically I wanted to get a sense of how others would feel if their personal info such as a SS was just handed over to a person such as a volunteer board member? On a more personal note, knowing the current President as well as I do, the issue of certain private identifiers in the hands of a this volunteer does concern me as it did others who attended the meeting. IMO I believe the President could of asked the PM if the information was available and if so ask the PM to do a search or forward it to the attorney for a search. IMO there are to many "what if's" regarding security especially in these times. I applaud being proactive, I wish the board were proactive in other areas (delinquencies especially). I think there could of been a better protocol then just handing over this type of info. As always I appreciate all the comments.
Posted @ Saturday, November 13, 2010 9:10 AM by Tami
Good Morning Tami: 
 
From my reading of your post and the response, there's no violation of the Privacy Act. The actual restrictions placed by the act are not as great as sometimes espoused by those who haven't read it. Essentially, the Privacy Act prohibits the resale or transmital of privacy protected data for non-business related purposes such as marketing. However, if there is a business relationship (in this case creditor to debtor) then there aren't as many restrictions as some would believe. There are other provisions but that's the key. 
 
So, the board president did nothing wrong in his or her capacity as the CEO of the creditor corporation. The manager and attorney are nothing more than agents for the creditor. The CEO did the correct thing in finding as much information as possible about the debtor and passing it along to the attorney. 
 
If you are worried about the ethics of the CEO, then you need to change CEO's. Otherwise, be thankful that you have a CEO looking out for the best financial interest of a corporation in which you are a shareholder. For the CEO to do otherwise would be negligence. 
 
Darron Hay 
 
Assessment Recovery
Posted @ Saturday, November 13, 2010 10:40 AM by Darron Hay
My comment is directed at the sentences above:"Why you would want to tie the hands of your own assoc? You are way to sensitive about information in this case." 
 
The law comes before the Association. I do not know what the Privacy Regulations call for; but if they state that we must not give out SS#s then we shouldn't, even to the detriment of our association. On the other hand, if we are allowed to do so, then by all means give it out--but I wouldn't announce the number to all and sundry. Sometimes one must use his or her head.
Posted @ Saturday, November 13, 2010 10:55 AM by michael e katz
Thank you for your comments. Being a lay person and trying to understand laws, codes, and doc's can fry the brain at times. As well as their interpetations. I know that SB 1196 addressed certain information that can and cannot be released. I understand that the President and board are privy where homeowners are not. People are skiddish these days about having their SS turned over and in the wrong hands can create havoc for them. Darron, just a tidbit, the President was not elected by the people in our Association, matter of fact, she was appointed by two of her friends on the board. She is not trusted or well like for many reasons and this is why I was asked to find out information on my posted question. I appreciate your responses and I will inform the homeowners that are concerned.
Posted @ Saturday, November 13, 2010 12:29 PM by Tami
Good Morning Tami: 
 
Thank you for the response. I understand your concerns about the president of the board. The reason I said what I did is that she's there as a result of the homeowner's actions. In this case, it seems to be a lack of action. The board is voted on by the community. Officers are generally elected from the board by other board members. The community is responsible for who's on the board. If you're not happy with them, there's a removal provision in the law. Exercise it and fire them and then you raise your hand to serve. As a veteran board member, I'll warn you to be careful what you ask for though. :) 
 
Darron Hay 
 
Assessment Recovery
Posted @ Saturday, November 13, 2010 12:53 PM by Darron Hay
Darron; 
 
Well I must say I got a little chuckle, thank you for your warning as I was involved with my board for 3 long interesting years! I would say the time was served and I have not the desire to be involved to that extent again! But I still have the passion for my communities interest and investment. I also have a strong respect for Law and the thirst for knowledge and understanding. So I plug away, learning as I go and yes at times I feel certain board members need to be held accountable for actions they take. Unfortunately ego's and control issue run deep in my association, but I have the impression I am not alone in my opinions about some boards after reading many blog post. I only envy those associations that seem to run smoothly and neighbors care about their community and boards seem to get along and work towards a common goal. 
 
If the current market was better believe me I would sell and get out of dodge! And probably would not buy in a deed restricted community again. I've lived the life and I don't like it..:-) 
 
Have a great day! and again Thank you.
Posted @ Saturday, November 13, 2010 2:52 PM by Tami
>>> boards seem to get along and work towards a common goal. 
 
It is an unfortunate fact that there are two types of people who gravitate to Condo and Neighborhood Residential Boards: 
a) Tin Pot Dictators 
b) People trying to block and obstruct the 'a' types. 
 
This is why so many boards don't work smoothly, and, if there are any 'a' types, everyone should be glad they aren't working smoothly. 
 
;-D
Posted @ Wednesday, July 06, 2011 5:35 PM by I Got Bupkis
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