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When Going Green Makes You See Red

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By RICHARD WHITE

Tribune correspondent

Published: November 16, 2008

Our board is attempting to be more efficient in disseminating information to members through the newsletter and other forms of communications. The consensus is that electronic messaging is the best way to go, but many members fear their e-mail addresses will then be accessed by disgruntled members, spammers, and solicitors.

I have searched the statutes, journal articles, books and the Internet for answers on how to get unit owners to agree to furnish the association with their e-mail addresses, where to find a suitable permission form for them to submit to our office, and mostly, how to provide security for their information. What do you suggest we do?

MN
Crystal River
Ever hear the expression that you can lead a horse to water but you can't make him drink? That's the situation you have.

I would send a letter to all the owners explaining the cost of communications and that the board would like to provide the information by e-mail. Have the owners return the letter with their e-mail address and approval to send the association newsletter via the Internet. For those who do not have a computer or do not return the letter, send them the newsletter by other methods, explaining in each issue the cost and how much is saved by using e-mail.

Alternatives to e-mail include creating a community news channel on your cable system or a Web page, but I have found that many owners will not go to the Web page to read or listen to the news. So I do not recommend that as the primary way to communicate. I guess you will never get away from the printed newsletter because a few owners will never convert to the new media.

Are we allowed, or is it illegal, to post the names of people who are behind in their association dues and the amount they are behind?

SB

Bradenton

There is no statute that restricts using names of delinquent accounts, but it's not recommended. Beth Grimm, an attorney from California says, "Do not publish the collection list in the newsletter to shame people into paying their assessment accounts. Do not mention names or conduct, or disciplinary actions to embarrass people into compliance."

Posting names in a public communication will not solve the problem and can result in more serious ones. I recommend that delinquent totals be communicated to the members along with an explanation of what action the board is taking to collect the money. Those actions should first be discussed and approved at board meetings, the records for which should refer to the delinquent accounts either as a unit or lot number, or better yet, a code number.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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