posting list of owners who have paid.

There was a forum on here earlier about posting a list of owners who have not paid.

My question is
Would there be a problem with posting a list of people who have paid each month.

Our CCO (we have an owner we have nicknamed Chief Complaining Officer) thinks this list should be given each month with the financial report.

another but related question do you think it is a good idea to post the budget before the annual meeting. Our CCO wants to see it, but the President does not want to post it before the meeting.

Our CCO has some good points, but lacks tact when mentioning anything.

I agree with Brad on this one. You can post Lot#'s but not people's names...Our collections reports were only given to Board members but in front of everyone at the OPEN meeting. However, we only refer to the situation in general terms or by Lot #'s. That way the membership knew we were taking actions against that lot and weren't being idle about it. It helped we had a policy of no liens until 6 months behind so when the time came to even address the legal lien issue sufficient notification had been addressed.

The budget should NOT be released prior to the OPEN meeting. That is what OPEN meeting means...Asking for information outside of the meeting unless previously arranged, is out of line. Every member should have the same oportunity to the information and thus that is why HOA's have OPEN meetings. It is their choice to attend or be privy to this information when the time comes it is offered to them... Your President is right! (That statement doesn't happen very often LOL!)

I wasn't asking about posting members who have not paid, but who have paid. Since some members pay ahead it would be difficult for the general population to determine who has not paid from the list of owners who have paid.

Bonnie

I think your CCO (I like and will use that expression myself) is looking for a round about way of getting a list of people owing dues.

Some BOD's have been accused of backing down on collection efforts on friends of the BOD. Some BOD's have members that are behind.

I believe fellow homeowners have the right to know it all. I think the answer is to post Lot/Unit #'s (not names of owners) of those behind, how far behind, and action being taken.

Bonnie:

I would stay away from posting lot numbers, names, etc. of those who HAVE paid and those who HAVE NOT paid...I would stick to numbers such as 35 out of 43 homes have paid, this is what we are doing for the 8 who haven't, etc.

As for the budget, I really don't see an issue with posting it before the meeting, it allows people an opportunity to digest the information and be prepared for the meeting.

The list is designed, no matter what the CCO says, to shame non-payers. Get a name wrong on that list - given the purposeful intent of the public posting - and a lawsuit could follow. It's quite simple.

Besides, the list won't collect cash for you that you need. At least the CCO is thinking outside the box. Do you have good insurance on your board in case it makes a bad decision on this one?

I've stayed out of the post-names-of-delinquents fray in the past, but will now agree with Brad that posting names, lot #s or any other identifying info about those who have paid or those who have not just feels vindictive. Listing those who have paid, even in our fairly large HOA, could easily lead nosy neighbors into figuring out who the delinquents are.

I agree with Brad, then. There could be a list of "Unit A," how much is owed and what the board is doing to collect, and current status, e.g., foreclosure, bankruptcy, etc, then "Unit B," etc. Or some other method of listing. That way, owners can see exactly what the board is doing to collect.

Why not, Bonnie, place this item on your next open meeting agenda and the board can decide? But pay attention to Kelly's advice!

I also, with Brad, see no problem posting the proposed or draft budget, or having copies available, a few days before the meeting when the budget will be approved. That way, interested owners have time to think about and ask questions about certain budget items at the open meeting. This may add to the meeting duration, but it may help owners understand the answer to: "Why are our dues so high?"

The Board's business is to let Members know WHAT they are doing to collect past due accounts. It is NOT to list them, but rather WHAT is being done about them. Your members need to know that the board is taking action and doing something. Hopefully, the board has a step-by=step policy in place that expains it all.

Melissa

posting lot numbers is the same as posting names...it takes me 2 minutes to get on a computer, punch in the lot number and see who the owner is...you might as well post the names...

I'm with you, Susan & Brad! No names, lot #s or other personal identifiers are needed.

in reality HOA boards want residents to be responsible and pay their dues. They want residents to honor their word of what they signed and bought and they want residents to abide by rules. If the board expects the residents to act like adults then I think it is a perfectly reasonable to expect a board to act like adults. Resorting to "shaming" whether it is through posting who paid and who didn't either through lot numbers, parcel descriptions, addresses or names is in reality just a childish tactic in my opinion. Lets follow the recourse that our documents allow, rely on the law and legal recourses and leave games for kids. I think Boards would get more respect if they did that.

Yes we do have an obligation to inform residents on what is owed, what is being done to collect, etc., but I also believe we have a duty to protect personal information of our residents.

John,

Other than members of the Board, I doubt this question would be asked by a non-board member. However, if asked, yes it should be answered directly providing that the lien has been filed and it's now public knowledge. If a lien hasn't been filed, I believe that the answer should be "we are working this through our attorney and once the lien has been finalized, I would be happy to provide you with that information."

Since I live in VA, VA law actually leaves the withholding of this information to the discretion of the Board.

Many board members think no question should receive a direct answer. They like to speak in vague generalizations, and beat around the bush. These are usually the HOA's with the most issues with members VS. boards because questions remain unanswered until members revolt.

Board members who think they should know specific things and general membership should not, is the real problem. It just creates new problems. We prefer to be transparent about everything.

Write on, Brad!

How would the posters here still feel about the do-not-name-names mantra if they were to discover that the most chronic deliquents in their associations were members of the BOD? And these directors are using their positions to shield themselves from the normal collection activity.

Gosh! I meant bigger not "bugger"!

I have been an active poster on this subject and what I have drawn/taken/learned from the discussions and how I presently think is:

1. I believe an HOA should have a policy in place, all are aware of the policy, and it is fairly/equally enforced.

2. I believe the original steps of the policy should be friendly, polite, etc. but escalate as time goes on.

3. Prior to legal action I would report in the "whole" (like so and so % are behind and we are pursuing them as per our policy) with nothing mentioned that could lead nor make people suspect as to whom is in arrears, be it lot numbers, who is not in the arrears, etc.

4. Once legal action has started, I would have no issues in naming names, amounts, action taken, etc.

The first step is #1 above.

new member here... our Board always handles delinquent accounts in Executive Session, just like most if not all other Boards. It sure seems to me like making publicly-available a list of members who are or are not delinquent, whether by lot number or by name, plainly violates the spirit of keeping confidential such issues and is obviously an effort to shame those with delinquent accounts. It may even violate the letter of such a policy. Publishing a lot number is little different from publishing a name, no matter the size of your HOA. Publishing a list of current accounts is little different from publishing a list of delinquent accounts. If your Board handles delinquent accounts in Exec Sess, then clearly the intent is to keep the issue of specific accounts that are delinquent confidential and therefore great care should be taken before disclosing *any* information related to such accounts. Imagine if John Doe was six months' delinquent and a Board member announced, "I'm not going to say who's delinquent but his last name begins with D and ends with E."