Privacy issues arise with release of contact information
Q. Owners in our condominium association have provided the association with their email address/phone number, to expedite communications between the owner and the association in an emergency. An owner in the association demanded a list of owner emails/phone numbers. This was discussed at a board meeting. To say the least, owners strenuously objected to disclosure of this personal information. Is the association required to provide owners this information?
A. Section 19 of the Illinois Condominium Property Act governs the books and records that must be maintained by a condominium association for examination and copying by owners.
Section 19(a)(7) was amended effective as of Jan. 1, 2018. It now provides that the board must maintain, among other owner information, a list of the email addresses and telephone numbers of all members. This information must be provided to owners for examination and copying, if requested for a purpose that relates to the association. Previously, only names and addresses were required to be maintained. The revision has created significant privacy issues, particularly for owners who had previously provided this information to their association and never expected it to be disclosed to other owners!
Note that as a condition for exercising this right, the board of managers or authorized agent of the association may require the requesting member to certify in writing that the information obtained by the member will not be used by the member for any commercial purpose or for any purpose that does not relate to the association. “Commercial purpose” means the use of any part of a record or records, or information derived from such records, in any form for sale, resale, or solicitation or advertisement for sales or services. The board of managers of the association may impose a fine in accordance with Section 18.4(l) of the Act upon any person who makes a false certification.
To address the privacy concerns raised by the change in the law, it would be appropriate for associations to provide unit owners with an opportunity to designate what e-mail address and/or telephone number that the association would provide to another unit owner under Section 19(a)(7) of the Act. This will give the owners an opportunity to create an e-mail address just for this purpose. One board member told me they would purchase a “burner phone” for their telephone number. However, if the board has not done this, they arguably must make available whatever email/phone numbers they have for an owner. That can lead to dissemination of sensitive email addresses/phone number for owners.
Recognizing the privacy issue, the city of Chicago amended the Chicago Condominium Ordinance, under its “home rule” authority, so that owner email addresses/phone numbers do not have to be provided to other owners.
Q. The declaration for our single family common interest community association requires that all roofs be either hand split cedar shakes or slate shingles only. An owner wants to replace his split cedar roof with composite slate, and has asked the board to allow this. The owner’s proposed roof is beautiful, and less expensive than cedar shakes or slate shingles. Can the board waive the roofing materials specification in the declaration and allow the proposed roof to be installed?
A. Illinois appellate case law provides that the board of an association must follow its declaration. The board does not have the discretion to waive the roof materials specification in the declaration to allow the installation of a different roof material. The declaration would have to be amended to permit this additional roofing material to be installed on roofs in the association.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.