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    knegrete's Avatar
    knegrete Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 5, 2012, 10:24 AM
    Privacy act violations?
    I live in an HOA community and is serviced by a local management company. Recently we have had some issues with two home owners that were denied requests to changes property.

    A few days ago I was approached by two home owners and received an email from another homeowner regarding emails that have been sent to them asking how these individuals received their email address. I two have had several emails sent to me on my personal email address from one of the two individuals.

    I then emailed the management company and ask if they were aware of this and if they knew how these individuals received our home owners information. The management company responded and said that one of the individuals requested the information of all homeowners and by ARS Statute 33-1805 they had to provide it to them.

    The ARS Statute does state that all financial and other records of the association shall be made available except as provided in section B.

    I know that any information that is public information can be given to anyone; such as lot number and physical address.

    Section B number 4 states that personal, health or financial records of an individual member of the association may not be provided.

    Are personal email addresses considered personal information? And would this constitute a violation of the Privacy Act?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 5, 2012, 10:46 AM
    What "Privacy Act". This is iffy. E-mail addresses may be considered personal info, but may be part of a public document. It depends on how records are kept. The Arizona statute you cited doesn't specify.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #3

    Jan 5, 2012, 10:46 AM
    No... email address is not private information.

    In fact your name, what your house is assessed and taxed at... and what you paid for it are also public record, and for good reasons. And within the association... who is arrears on fees and who plans to do what with the property are not private matters either.

    I'm not even in a Homeowners Association ( I didn't want any parts of another one of those, full of pompous blowhards with Napoleon complexes) yet any construction or major exterior changes still requires a permit and period for public review.

    None of what was sent is medical records... none of it was personal finance records (like bank accounts, retirement or savings or investment accounts) either...

    Anything dealing with the association... dues, fees etc are all public knowledge and public record.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 5, 2012, 12:14 PM
    Out of curiosity - what privacy act? HIPAA (which is medical) or something else?

    How were you financially harmed by having this info released?

    And, no, it's public knowledge anyway.

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