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Subject: Is it legal for the HOA to post members that are delinquent on their dues on a public web-site
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DavidR5


Posts:0


07/22/2007 1:49 PM  
Ah, good catch. That ruling made no sense to me, since creditors are allowed to harass people who owe them money (at least the rules for calling and things like that don't apply). On the other hand, I think that publically ridiculing someone is just a bad idea in general. There's a difference between disclosing which units are not paid up and putting someone's head on a goat's body and using comic strip fonts for a Hall of Shame.
hoatalk
(California)

Posts:574


07/22/2007 6:45 PM  
Some light trivia for you all...

And the winner is.....THIS TOPIC for:
Most Views: 1,476 as of today, just passing the "Cats on Leashes" topic.
Most Pages: Now 5 (and the 'Cats' only got 4 :-)

A bit of trivia for you: Click the column header "Views" two times and it will be sorted with the highest views first. Guess what the 4th most popular topic is? "Posting Delinquent Homeownwers" with 1,061 views :-)

We just want to thank everyone here for being so involved and helping so many communities with your advice! It's great to see so many active discussions here.

Thank you all!
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DavidR5


Posts:0


07/26/2007 3:07 PM  
In case anyone wants a legal opinion:

http://www.sun-sentinel.com/news/columnists/sfl-flbcondocol0725nbjul25,0,6736737.column
MelissaP1
(Alabama)

Posts:8753


07/26/2007 10:02 PM  
Out of curiousity... How did that leashed cat post end? Wasn't there a horse involved with it as well? Hi HO Silver Away!!! To Trigger's Post we stay!

Former HOA President
MistyB2
(Georgia)

Posts:1


08/07/2007 11:00 AM  
Posted By HaroldS1 on 05/28/2007 8:41 AM
Even if your CC&Rs allow this, Federal law over rides it. Section 804 (2) of the Fair Debt Collection Act states that telling a third party that you owe a debt is illegal.
Actually, you can write anything in CC&Rs, but if it conflicts with city, county, state or federal law, it cannot be enforced. Harold





As a Realtor I can justify and say this is the truth. Thank you Harold.
RichardQ
(Arizona)

Posts:2


11/25/2019 10:56 AM  
I know this is a very old post but if anyone is reading this I would appreciate advice. We had a Board member who was over 90 days past due on an Assessment of over $3,000. According to our CC&R's, if any Board Member is more than 30 days past due on their Assessments they are considered to have voluntarily resigned from their position on the Board. That makes total sense to me, who would want someone who isn't paying their dues to foreclose on their home because the homeowner isn't paying their dues? An extreme situation, I know. Anyway, I sent an email to the Board stating these facts, sent a copy of the line item showing the delinquency, sent a copy of a post where that Board member stated that the CC&R's should be applied consistently to the members of the Association and got no results. I then attempted to mention this at our next Executive Session, the session was shut down when I started talking about this topic. My next step was to make this information public to the community, that the person should not be on the Board anymore. Then I received a Cease and Desist order. I do not feel I did anything "wrong". I approached the situation in a logical manner, email, discussion at a meeting, but all the other Board members and the MC could tell me was that I was "wrong". No explanation why I was "wrong". Any ideas on what I can tell my lawyer to counter the Cease and Desist order or what I would hope the next steps would be? I read many of the posts here and I understand them however my State Law states that I cannot be held responsible for actions that I believe are in the best interest of the community and its' members. I would think that exposing that a Board member was in violation of the CC&R's and not being held accountable for that violation was in the best interest of the community. Who wants a person like this on their Board?

Puzzled as to what to do next.
AugustinD


Posts:2045


11/25/2019 11:51 AM  
Posted By RichardQ on 11/25/2019 10:56 AM


Your HOA "had" a board member who was thusly delinquent? Or your HOA has a board member who is thusly delinquent? If this person is still on the board, then here are my questions and suggestions.

First, did this cease and desist letter come from the HOA attorney? Second, I would ignore the c&d letter. Third, I would inform the board that, if this director does not pay up within seven days, and he is not removed, then you will file a complaint with the Arizona Department of Real Estate. State that a non-response after seven days will result in your filing a complaint. For submitting the complaint, go to https://www.azre.gov/HOA/HOA.aspx . A link to the three-page complaint form is available at the latter site. After seven days if the board member is not removed, then file the complaint. Fourth, be ready for the HOA attorney to rain hell on you, using a board majority. This will include excluding you from some meetings. It's wrong for this to happen, but a person only has so much fight in herself/himself.
RichardQ
(Arizona)

Posts:2


11/25/2019 1:25 PM  
The HOA Board has a Board member who was delinquent over 90 days on an Assessment in excess of $3,000. Once I notified the Board/MC (on a Friday) that the CC&R's stated that, based on that information, the Board Member was considered to have voluntarily submitted their Resignation from the Board, the outstanding balance was miraculously paid (the following Monday). If you get pulled over for speeding and the officer comes up to your car window and says "Did you know you were speeding?" you do not respond "Well I'm not speeding now!" The Board was notified while the Assessment was outstanding that the Board member was considered to have voluntarily resigned from the Board based on their violation of the CC&R's.

Yes, the C&D letter came to me from the Association's attorney. I am getting an attorney to assist me because the Board/MC sent out an email blast to all of the homeowners stating that I was incorrect and that I signed a "Code of Conduct" agreement which I was never presented with, also because the Board did not remove the other Board member as per the Association documents. It may be important to note that 3 out of 5 of the Board members were new as of August, 2019, the delinquency was brought to the attention of the Board in mid-September and stated that the Board member was over 90 days delinquent on their Assessment. So that means that the delinquency existed prior to 3 members of the current Board taking office, and I am one of those 3 members.

There are many other issues in the community that have bled over from the previous Board such as using the Reserve Funds to pay for a new dog park and street lighting in the community. Instead of making a Special Assessment to pay for those new amenities. The CC&R's are enforced arbitrarily and inconsistently.

I am being singled out since I, allegedly, posted private financial information for one of the homeowners to the public. Unfortunately what really happened was that the MC posted that information on the Community website for everyone to see before I disclosed the information publicly. After I viewed the information on the website I even went so far as to contact the IT person who manages the website to find out what kind of access I had to the records on the site. I was told I only had homeowner access, not Board member access. So if I saw it on the Community website everyone else could as well. The MC has since removed and replaced the information I viewed with different reports that do not show the delinquencies.

I have a lot of fight in me for an old guy. I'm just wondering where I should throw the next punch!
GeorgeS21
(Florida)

Posts:1469


11/25/2019 1:50 PM  
Good that the issue was fixed.

You likely need to start a new thread.
JohnC46
(South Carolina)

Posts:8867


11/26/2019 8:49 AM  
Richard

The BOD did not abide by the Bylaws but the past due amount was paid so the member is now a member in good standing.

Time to let bygones be bygones and move forward.
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