Owners in a Gated Community Can’t Access Gate Records


On July 1, 2021, a new category of HOA records was added to the “not available to members” list – the names of visiting guests recorded by gated communities.

NAPLES, Fla. – Under Senate Bill 630 approved by the 2021 Florida Legislature, which became effective as of July 1, 2021, a new type of homeowners’ association (HOA) records was added to the list of items not available or accessible to members. “Information an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents” is now private and inaccessible to the members. This would apparently include gate guest logs or video of guest vehicles entering the community.

Apparently, spying on your neighbor or even spying on someone visiting your home is disfavored by the Florida government. Now we would assume this does not prevent the board or management’s ability to review the gate guest logs or videos for the purpose of determining who may be the perpetrator if illegal activity or damage has occurred within the community by a guest, as the association representatives would have a proper purpose as part of their job in operation and control of the community. However, nosey neighbors cannot see these records.

For this prohibition to get into Senate Bill 630, apparently some serious spying or nosiness must have been going on in some community in Florida. We sometimes see such problems arise in gated communities when ex-spouses or ex-boyfriends/girlfriends attempt, or succeed, in making unannounced visits. Other times, someone may be running a business out of their house with delivery trucks or employees continually coming and going.

Other records that Section 720.303(5)(c), Florida Statutes already prohibited accessibility to members or parcel owners include:

  1. Any record protected by the lawyer-client privilege.
  2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
  3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
  4. Medical records of parcel owners or residents.
  5. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements and other personal identifying information of any person (However, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner, except an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. An owner may also consent in writing to disclosure of other contact information).
  6. Any electronic security measure that is used by the association to safeguard data, including passwords.
  7. The software and operating system used by the association which allows the manipulation of data.

This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.

© 2021 Journal Media Group. Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development.



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