Newsom Agrees to Put HOAers Privacy at Risk
General Manager, CCM, CCAM
On October 13, 2019, Governor Newsom signed Senate Bill (SB) 323 that directly affects all HOAs. The Senate Bill that becomes effective January 1, 2020 will make Member email addresses available to all Members, upon request.
In order to protect your privacy, Members can Opt-Out of having their email addresses included with the membership list, but the bill makes NO allowance for email addresses that have already been provided to associations.
We are providing to you the process in which you may Opt-Out of sharing your email and/or contact information. By clicking this link you may Opt-Out here: http://www.lwwa.org/primary-lot-owner-information-and-opt-out-survey-2172.html .
We will also provide Opt-Out forms in the Administration Office and a link on the website (lwwa.org). In addition, we will be mailing Opt-Out forms to the current mailing address on file.
SB 323 provides that members of community associations have the right to request an association’ s records, including its membership list (with the name, property address, and mailing address of each member). However, information regarding a member who has tendered to the association in writing a request that his or her name, property address, and mailing address be withheld from a member or members seeking inspection of the membership list may not be disclosed.
Members who tender this request to opt out remain subject to being contacted by some alternative means proposed by the association to a member requesting access to the membership information under Corp C §8330(c), such as an offer by the association to distribute the requesting member’s communications.
It is our recommendation that you choose to Opt-Out of sharing your personal email contact information.
We (the Association) have no control for what it will be used for when we turn it over to someone who requests it .
Senate Bill 323 removes from the Association its authority and responsibility to control the malicious use of your information once it has been released to a requester.
There are many new facets to this new Bill, and the Association Management and Board of Directors is actively looking into making adjustments to our rules and regulations. If you have specific questions regarding SB 323 you may click this link to review its specific writings: leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB323
You will find two documents enclosed with this letter which are required by our rules and legislature. We strongly recommend that you complete and return the “Opting Out of Sharing Member Contact Information” form by Dec. 31, 2019 (linked above). This form also satisfies Civil Code Section §4041 Obligations of Owners to Provide Certain Information to their Association. The second form is the “Resident Census and Vehicle/Passholder Information” form (ref. Security Rule R-10.20.10(4A), this form is also due by December 31, 2019. Preferred method of completion is online, link: http://www.lwwa.org/resident-census-and-vehicle-pass-holder-form-2175.html .
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