Can the association restrict the emails of the board members to the homeowners? I asked the association for the board members emails to send a letter to them of a complain that has not been addressed correctly by the association. The association manager said that all communications needed to be sent to management and they will forward the information to the board. Is this legal? Please advise
Your post does not reference the basis of the complaint that you have. Under state statutes, certain communications between board members are privileged and need not be disclosed and others do not have that privilege. You should consider hiring a local real estate attorney to review this issue further and/or to help you get an answer to your complaint.
There's no law someone has to give you their email address. You could mail it in letter form to the Board's public address in the state records, or go through the property manager.
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It's not "illegal" per se; and unless the Board Members (as unit owners) have consented to their e mail addresses being used for purposes of Associational 'notice,' you will most likely have to be satisfied with their individual “mailing” addresses, I'm afraid.
You should check the governing documents of the Association to be sure, but generally, Section 720.303(4)(g) Florida Statutes (2016) quite specifically requires the Association to maintain the mailing addresses (and e mail addresses) of ALL members - as part of its "records," and Section (5) provides, that upon proper written request, the Association or its designate (here the PM) must make those addresses - that are used solely for "notice" purposes - accessible to any parcel owner (within 10 days of said request). E mail addresses are excluded from this required disclosure – unless the members have consented o their use for the “notices” required by law or the Association. So, it depends.
If you ask for them, and the PM refuses to provide them, I suggest you consult with a good local real estate attorney for further guidance.
Hope this helps.
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This is not a legal issue. The management company, acting as an agent of the board, may accept e-mails on behalf of board members. On one hand, it is understandable why board members may not want they r personal e-mail addresses published. However, it is your right, as an owner, to bring this subject matter to the public and state that perhaps those board members who do not wish to make themselves available to home owners via e-mail are not the best candidates to be occupying seats on the board.
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