Owner requesting names and contact details of all other apartment owners

M

Mcivor

Registered User
Messages
24
Hi,

An apartment owner (not a member of the mgnt committee) has requested names and contact details of all other apartment owners / OMC members in the apartment complex. Are the committee obliged to disclose this information or would this be a data privacy / GDPR breach.

McIvor
 
Mcivor said:
Hi,

An apartment owner (not a member of the mgnt committee) has requested names and contact details of all other apartment owners / OMC members in the apartment complex. Are the committee obliged to disclose this information or would this be a data privacy / GDPR breach.

McIvor
Click to expand...
If the person has requested this from the management company, they would be crazy to give it out. It would indeed be a GDPR breach, unless the other owners had been previously advised that their details would be given out and had consented to this.

If the person has approached individual owners, it is up to each owner to decide. It sounds like the person is trying to build up support for a 'coup' or similar.
 
RetirementPlan said:
If the person has requested this from the management company, they would be crazy to give it out. It would indeed be a GDPR breach, unless the other owners had been previously advised that their details would be given out and had consented to this.

If the person has approached individual owners, it is up to each owner to decide. It sounds like the person is trying to build up support for a 'coup' or similar.
Click to expand...
Thks for your response. That is exactly my thinking also both in relation to the data privacy issue and possible 'coup'.
 
Mcivor said:
Thks for your response. That is exactly my thinking also both in relation to the data privacy issue and possible 'coup'.
Click to expand...
Might be an opportunity to get the person on board, drag them inside the tent, as it were. Management companies often find it difficult to get people to take on director roles, so there could be a new volunteer there!
 
Good suggestion but unlikely I'd say but it is something that I will suggest. Owner is unhappy with amount of improvement works being undertaken particularly (mandatory) expensive fire prevention / firestop works that they don't believe are necessary.. As you allude to - having any role incl director role on mgnt committee is often a thankless role
 
Once he is on the board, and is reminded of his and the management company's legal obligations, he will probably change his tune
 
Isn’t it the case, usually, that all apartment owners become members of the management company? If so, you could direct the person to www.cro.ie and suggest they do a search against the management company. The search should throw up the names of all current members. It costs around a fiver. Just a thought, and gets you off the GDPR hook.
 
Thks for your response. I'll check but I'm pretty sure that the companies registration office information will just list the directors & company secretary - not all OMC members
 
Did anybody ask the person why he wants contact details? He may have a legitimate reason. He may be nosey. You won't know until you ask him. I bet he is secretive about his own contact details.
 
Firstly, IANAL.

I don't believe there is a data issue with giving this information to a member/unit owner, they have a common bond with other members/owners by being members of the same management company so I believe its perfectly valid request and receive this information.

It wouldn't make sense for a managing agent (who is a third party to the members) to have all this contact information but yet the members themselves aren't being given it from the company they are a part of.

The management company could easily issue names and phone numbers without giving more private information such as home address etc which wouldn't be relevant to the request.
 
A good compromise might be to say to this owner that you are volunteer Directors and as such are not experts in data privacy and the management company is not in a financial position to take proper legal advice on it, however you'd be more than happy to pass on a communication from them to the other owners via email. The other owners can then decide if they want to engage or not. Alternatively you could ask the other owners to consent to their information being shared with another owner seeking to contact them, but that transfers the effort of tracking who has given consent to you, and as a volunteer again I'd be pushing back against that kind of thing.
 
Last edited:
Leo said:
Any directors should probably be familiar with the DPC guidance. Providing names and addresses is allowed, providing phone numbers, email addresses or other details would be a breach of duties.
Click to expand...

Brilliant - that's really useful.
 
This came up for our OMC

Complaints | The Housing Agency

www.housingagency.ie www.housingagency.ie

  • As mentioned above, all owners are members of the OMC. The OMC is required by law (Section 169 Companies Act 2014) to have a list of all the members. This is known as the Register of Members. It must by law contain-
    • Names of members
    • Addresses
    • Date at which entered on the register as a member
    • Date person ceased to be a member
  • By law (Section 216 Companies Act) the register must be open to inspection by any member of the company without charge.
  • The register must be kept at the registered office of the OMC. This could be the office of the OMC’s solicitor. It might be the management agent’s office, however this is not best practice.
  • By law any member may request a copy, or make a copy, of any part of the register. An OMC must, within 10 days after the date of receipt of a request for a copy of the register, ensure it is sent to the member.
  • The person responsible for providing this information is the secretary of the OMC.
Click to expand...
 
That is very useful information and clarifies that OMC director / secretary is legally obliged to disclose owners names and addresses (not email or ph numbers) and date entered on register within 10 days of a request from an OMC member. One further question - am I correct in assuming that the addresses referred to would be the apartment address i.e. not the owners home address in the case of apartments that may be rented out. So if OMC member wants to contact all owners they would address a note to the owners at their apartment address and its up to the tenant to forward it on.
 
No, it would be the members' home address, as per what is on the register
 
Our AGMs' are recorded and I asked the OMC for a copy of the recording to go over some of the details discussed at the meeting. I'm still waiting for a copy - would this be a breach of GDPR? My thoughts are that they are not but a more refined memo of the meeting - any thoughts?
 
Mcivor said:
Hi,

An apartment owner (not a member of the mgnt committee) has requested names and contact details of all other apartment owners / OMC members in the apartment complex. Are the committee obliged to disclose this information or would this be a data privacy / GDPR breach.

McIvor
Click to expand...
Surely its a breach of GDPR unless there is some reason for it being asked that makes the request purposeful?
 
You must log in or register to reply here.
Back
Top