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Subject: HOA to make public a list of the names of its members owing HOA dues

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BevM
(Virginia)

Posts:34

01/21/2012 8:42 AM
Posting a list of members not in good standing is dangerous. You have to consider the liability to the Association if a name were posted in error. Our board has made the decision to post names in our newsletter, only after we have gone to court and have a judgement against them. In our state, what ever is public record, is legal to post. I say, let the courts take care of the liability issues, and keep the Association in the clear.

TaraF1
(Texas)

Posts:1

01/22/2012 8:12 AM
In Texas , the Association's Attorney always say NO.

JohnC46
(South Carolina)

Posts:621

01/22/2012 9:05 AM
Posted By BevM on 01/21/2012 8:42 AM Posting a list of members not in good standing is dangerous. You have to consider the liability to the Association if a name were posted in error. Our board has made the decision to post names in our newsletter, only after we have gone to court and have a judgement against them. In our state, what ever is public record, is legal to post. I say, let the courts take care of the liability issues, and keep the Association in the clear. BEV How did you go to court (lawyer used, which court, etc.) to get a judgement? Thanks

BradP
(Kansas)

Posts:2491

01/22/2012 11:38 AM
John check your state statutues, my guess is you could go to small claims court by representing yourself.

BevM
(Virginia)

Posts:34

01/22/2012 11:48 AM
JohnC46~ Do you have an Association Attorney? He can tell you the steps to take. The Association sends (usually after three months in arrears) a 14 day letter, a 7 day letter and then if those are not successful in encouraging the member to come to the Association to work out a payment plan, (which is always an option outlined in the letters) then we file a Warrant in Debt. There is special paperwork and court filing fees, and then the court sets a date for the property owner to have his day in court and tell the judge why he did not pay...guess what, they usually end up paying, PLUS, court cost and lawyer fees in some cases. If they owe ALOT of money, and all avenues of collection have failed, we file paperwork with the court for garnishment of wages. We have just started doing this, and it has proven to generate revenue. All this is done in the General District Court. Have your board meet with the Association's attorney to discuss Collection options. This is something that can be done by your office staff, the lawyer does not have to generate the paper work for you IF he is a good partner, he will tell you how to do it and safe money$$$! We ar fortunate that we have a lawyer that teaches us, not that we are always good students

DorothyO
(Washington)

Posts:200

01/29/2012 2:26 PM
Okay, this was an exciting batch of comments! Allow me to add my measley two cents. As much as a proponent I am of public shame, I start to twitch just thinking of the consequences of that within the HOA paradigm. As SOOOOOOOO tempting as it is to release the conversations in my head to the homeowners at which they are directed, calmness is the order of the day. Heading into my sixth year as President, there has been but one time only when delinquent dues were a result of "hard times." In a neighborhood where houses are in the $300,000 and up range, where residents are doctors, lawyers, business owners, professionals of all sorts, where spouses don't have to work, where maid and yard services dot the 'hood -- you get the picture -- the $200 a year assessments are simply not prohibitive. So, when a homeowner, after receiving three reminder notices, and one final phone call, still does not pay even a half year payment of $137.50, which they are permitted to do, yeah, public shame seems like a great idea. BUT! We would never do it, because it is seriously bad form, and is unnecessary. We very simply follow protocol of late fees, liens and collection process. Luckily, we have never had our budget affected by the absence of assessments. We have received all assessments within the calendar year, with very few late fees. IF, however, we could not meet our expenses because of delinquent dues we would first find out from our attorney what information we are legally allowed to provide to all homeowners about other homeowners. If we could provide names of the dead-beat homeowners, we would approach them first and let them know of our legal obligation to provide the other homeowners access to association records, especially since, due to the delinquent dues, they will have to be paying more, and try to appeal to their ever and over self-important image, if they know their names will be released. I would imagine a homeowner being forced to pay, in essence, someone elses share, could sue that person for breach of contract, which would also be an important piece of information for the dead-beat to have. The possibility of two legal actions, the HOA and an individual member, might do the trick -- all before a name is released. But it might not, and in that case, ain't nothing pretty about the consequent unrest in the community. Names or no names. Bottom line is the HOA will need to sue to get the money owed. In the meantime, it will need to raise assessments to meet expenses. And again, the order of the day? Calm.

JohnC46
(South Carolina)

Posts:621

01/29/2012 5:23 PM
Dorothy $200.00 per year is chump change. Many (myself included) spill that amount at the bar every year. $200.00 is even more chump change in your neighborhood as you describe it Chump change is not the issue. The issue is a budget is based on income/out go and must be maintained for the greater good of all. Not meant to be as critical as it sounds, but for $200.00...it is.....LOL

DorothyO
(Washington)

Posts:200

01/29/2012 6:03 PM
John, I know it's chump change. And we always do get our total income in from assessments, so we've never had the inflow/outflow problem. But that piddly amount for this neighborhood is what makes the annual-reminder-fest so bone-cracking stupid. AND drives me to spend the $200 in the nearest pub, or make a dent in my own gin stash. P.S. what does LOL mean? Lots of love? Thank you! (Not a texter. . .)

FredB4
(Ohio)

Posts:250

01/30/2012 12:38 AM
Dorothy, Your response points out that every association is different and we shouldn't make general asumptions in our responses and every answer should be taken with the understanding that it comes from a different view point. Some associations, for example,are not in your price range (like ours) and some have higher monthly fees.In our case the monthly fee can get to be a finiancial burden in todays economy. Also there is a wide range of people on here including board members, former HOA members, current board members, landlords,etc and each may have their own agenda in mind when they post answers. Your answer though, as a general rule, is "spot on".

MichaelS41
(California)

Posts:9

02/10/2012 7:07 AM
my 2 cents: an HOA is a business, but these are also our neighbors. A cutthroat attitude towards delinquent accounts is a bad idea, unless you enjoy feeling self-righteous and don't mind bad blood in your neighborhood and at your meetings. in any case, state laws vary as do CC+Rs and by-laws. Publication of delinquent accounts can easily open up Boards to legal action and liability. IMVHO, Boards should always take the high road even with difficult and non-responsive homeowners.

SusanK5
(Utah)

Posts:30

02/14/2012 1:25 PM
I do thiink it would create alot of animosity if the past due owners were posted publicly...for that reason I probably wouldn't do it. I do have a question on this though. Since owners are entitled to look at all the records then if they requested it couldn't they have access to that information anyway? Is it part of transparency or is it a privacy issue? Where would I check the laws in Utah?

JanetB2
(Colorado)

Posts:1818

02/14/2012 1:50 PM
Hi Susan: Here is statute info to review if needed: UT HOA Statutes: http://le.utah.gov/UtahCode/chapter.jsp?code=57 Chapter 8 Condominium Ownership Act Chapter 8a Community Association Act This is just regarding the HOA info, for further items within other statutes such as privacy acts, collections, etc. then other statutes can apply. This is where the debate between individuals comes into play.

CarolR11
(California)

Posts:436

02/14/2012 5:36 PM
Hi Dorothy. I remember LOL meaning Little Old Lady many years ago. Really! For the past several years, so it's rather hackneyed, it's meant Laugh Out Loud.

JeriD
(Florida)

Posts:30

03/25/2012 4:27 AM
Can you tell me where I can find the Florida Statues on this ruling, if any?

TimB4
(Virginia)

Posts:3801

03/25/2012 6:03 AM
Jeri, It boils down to the Board's option. This is because the statutes say that members have the right to view financial records of the Association. Typically this is prompted by a request from the member. Therefore, unless the State statutes specify that this information is to be withheld, the Association must comply with any request to see the records. The discussion centers around if the member has a right to this information, why not publish the information vs. waiting for a request from the member. Hence - the boards option. This would be covered under the access to records section of State HOA/Condo and Corporate (if association is incorporated) laws (for FL this would be 718/720 and 617) Tim

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