Condo Association Board of Directors and Property Management Company

[m.angeli]

My question involves a condominium located in the State of: Massachusetts.
My question deals with the legality of a move made by the President of the Property Management Company that was hired to take care of our financial matters as well as "janitorial services", as defined in their contract with the Board of Directors.
At the beginning of the month a notice was sent out to homeowners telling us to Immediately hire an electrician to inspect our units, as lighting was changed in the common areas and upon the change scorched wires were found at the connection point. Originally the cause of the scorch that was given was too many halogen lights on the fuse.
However, the president of the Property management team changed his story from this, to the wrong wattage bulbs were being used in the light fixtures. The next question became, who then changed the lightbulbs? The Property Management Company would not answer this, only stating that they did not, and that I was on a "Witch Hunt" for the homeowner that took it upon themselves to change the lights.
Three weeks after the initial questioning began, I have still not received an answer from the BOD nor the PM. Instead I received a bill for a late fee for failure to pay my monthly association fees for the prior month. That fee is in dispute, but in order not to subject to a lien, I paid the late fee with the memo, "Payment Under Protest" so I can attempt to get the fee back if in fact I was right. The Property Manager called my memo childish and immature and then proceeded to email a copy of my check to the Board of Directors, as well as the Association Attorney. The scanned check contained my full banking information and signature as nothing was blackened out. Although I am aware that the Board has the right to know whether I paid the fee, does the Property Manager have the right to email out my personal banking information? Email is an unsecure form of transmission.

[Mr. Knowitall]

Why wouldn't they be able to show your check to the board? It reflects your communication to the board - that you were paying under protest.

[m.angeli]

I understand that the Board is allowed to see the check. My concern comes from the fact that the Property Manager emailed a copy of the check to members of the board and the lawyer. Email is not a secure transmission and he did not blacken out my banking information. Potentially causing that information to get into the hands of someone who shouldn't have it.

[peppermintpatty]

E-mail communication, including sending checks, is used every day. I frankly don't see what you are upset about and I see this as a tempest in a teapot. Most banks nowadays mail their customers copies of all their checks. The US mail is not a secure entity. So theoretically you can accuse the banks also of sending out info in an unsecure fashion so that anyone can get their hands on your banking information who shouldn't have it.

Let it go.

[KeyWestDan]

Emailing the check was tacky but I can't think of anything illegal or civilly actionable about it. If I were you I would keep my checks under lock and key, especially if workmen or other people enter your condo unsupervised or supervised. I would not take chances.

But I think there are bigger problems than that. If wires are scorched, that means one of two things. The bulbs in the fixtures are way TOO HOT for the fixture design, thus are over wattage or simply are the wrong type of bulb and are burning too hot.

It is not though simply a matter of wattage. If there is too much wattage on the circuit, then the circuit breaker should trip long before wires show visible signs of overheating. Either the circuits are not properly designed and the breakers are too big, or there is something else wrong. It is this sort of thing that can cause a fire. Yes, they better have it inspected by a master electrician.

I would also want to see plans and know that none of those wires are running in a wall of my unit or in walls between units.

That said, I do not recommend wars with condo boards. Those tend to be very expensive and the outcome is almost always unsatisfactory.

[m.angeli]

I am upsest because, as rightfully so, it is against the law in MA for a company to transmit banking information via an unsecure method. Thank you to the posts I have recieved, but this is in no way a tempest in a teapot. When the bank was made aware of what happened, they had to freeze my accounts, and I had to file with the Attorney General. I can't imagine that the course of action that was required of me because of this breach is nothing, and that they had the right to do something, from a business level, so stupid.
Banks send checks to those that request that method. Postal Mail is secure. Yes it is easier to steal than most items, but there are federal laws in place to protect. Email, is not secure unless measures are taken to encrypt the data, even that is not perfect but shows a level of understanding. It doesn't take much to break into someone's email and thankfully I live in a state that undersatnds the serious issues revolving around privacy.

Thanks again.

[multnomah]

I am surprised tha the account and routing information was not "redacted" in order to keep privy information out of the boards hands. The management company and NOT the board, takes care of processing payments and other accounts on behalf of the owners. The fact that they gave information out about you, that if not for the actions of the maangement company, would not have been readily available to them, means that at the very least you can threaten them with a civil tort action for invasion of privacy. In regards to this simply just being another exchange of information that happens everyday including the post office and why be surprised or upset by it, thats a total bunch of balogne. The management company does not have the right to share fianncial information with anyone. Statement of account, as it relates to matters of business for the association and the associations account information only is pretty much as far as they can go. Sharing of personal banking information, social security and sometimes even your email, is pushing it at best

I am not a lawyer and like all things related to law, check your local laws along with C&C's and talk with a lawyer about how things work in your state.Me personally, I would go for the throat and threaten them with a civil trt action on invasion of privacy.

Regards
Multnomah

[gregparkave]

As a data security consultant I agree that M.Angeli has every right to be concerned about any personal information being sent via unencrypted email. Email is easily intercepted especially if it happens to be sent over a public WiFi connection such as the ones provided in coffee shops. Email has become so popular that people often forget that even if the transmission gets to its destination safely it can be retrieved from the sender's and the recipient's PC by hackers who perform actions like this regularly. One should always think twice before usually emal casually to transmit confidential information. In Massachusets M.Angeli should go to the mass.gov website and locate Executive Order 504. This is an order by the governor requiring that certain actions be taken to protect individuals against identity theft.