Many communities publish directories that contain information about the lot owners and unit owners such as their addresses and telephone numbers. In some communities, the directory may also contain the electronic mail addresses of the lot owners.

Effective July 1, 2010, Chapter 720, Fla. Stat. and Chapter 718, Fla. Stat. were amended to limit the information concerning homeowners that homeowners associations and condominium associations are permitted to provide to other homeowners. Section 720.303(4)(g) provides that the Association's Official Records must include:

(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

For condominiums, Section 718.111(12)7, Fla. Stat. provides that associations must include among their official records:

7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, an, if known, telephone numbers. The association shall also maintain the electronic mailing addresses and the numbers designated by unit owners for receiving notice sent by electronic transmission. The electronic mailing addresses and telephone numbers must be removed from association records if consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

Even though the law requires that associations maintain the roster of owners and their mailing addresses, parcel numbers and, in some cases, electronic mailing addresses, two new sections [720.303(5)(c) for HOA's and 718.111(12)(c)5 for Condos] governing disclosure of information provide that despite the language requiring associations to maintain the information, the following records are not accessible to members or parcel owners:

Social security numbers, driver's license numbers, credit card numbers, electronic mailing addresses, telephone numbers, emergency contact information, any addresses for a parcel [unit] owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person's name, parcel designation, mailing address, and property address.

Since the new statutes provide that electronic mailing addresses and telephone numbers are not accessible to owners, associations may not distribute that information to the owners; it may only keep the information for its own use. Even if some owners consent to being included in a directory, it is risky to publish that information in light of the prohibition of the statutes. Since the statutes provide owners with the discretion to have their electronic mail and numbers removed from the association's records, if the information is included in a directory distributed to the owners, the association will not be able to comply with its statutory obligation to remove the information upon request. Associations should consider discontinuing the providing of directories if they contain information which is subject to non-disclosure under the statutes. If there are already such directories printed, consideration should be given to destroying the remaining copies and cease distributing them.

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