2. Confidentiality
Homeowners value privacy and have done so for many years. HOAs frequently have access to sensitive information about their owners, so privacy remains a top issue. Boards should never divulge sensitive information to outside parties. 2022 saw a significant increase in an active legislative issue: maintaining privacy in debt collection.
Delinquencies constitute a significant source of frustration, with many boards assuming that publicizing the names of delinquent residents will disgrace them sufficiently to pay their overdue dues. However, this is a dangerous path that violates privacy laws. In addition, if the HOA is considered a debt collector under Fair Debt Collection regulations, it may also be considered blacklisting.
Another issue with privacy concerns security cameras. Homeowners organizations usually install security cameras in common spaces, but they should not face any location where people expect sufficient privacy. This includes locker rooms and restrooms. Associations should also warn residents that their personal security cameras should not be pointed at the windows or backyards of their neighbors.
2a. Cybersecurity.
Cybersecurity is a subset of privacy, washing over Community Management Teams from a different direction. Who would have ever expected cybersecurity to become an HOA issue? That’s a problem of big business and Hospitals and government, right? Unfortunately, ransomware and phishing attacks are getting increasingly widespread. Homeowners Associations should prepare by becoming aware of these frauds in the coming year. When confronted with a phishing attempt, boards should learn how to recognize it and warn all members not to click on questionable links. The first step in ensuring cybersecurity is education.
Brandt Law, PA
1219 Millennium Pkwy
Ste 138
Brandon, FL 33511-3896
Phone:+ 1 (813) 527-0922
Email:allison@allisonjbrandtpa.com