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JudithC
(Virginia)

Posts:252

07/07/2007 4:16 AM
Do you have a particular court case you can cite? As I say, I am against the practice so I won't be back telling you the results of doing it, it is just everything that I read sounds as if the association itself does the accounts and posts the notices, it would be legal. Now,I would imagine that certainly there is a huge liability issue if they are wrong, so I would suspect there are cases like that -- but that wasn't the subject, nor is the subject whether the debt itself falls under the act which it does.

RobertR1
(South Carolina)

Posts:2147

07/07/2007 4:47 AM
Brad and Judith, What is your considered opinion? Say an HOA puts on their web site a section that could be titled "Supplement to Financcial report." List all units by name and number. Each month BEFORE fees are due, list for each unit amount due and date due. Then if you are not paying fees, it is evident on the amount due posting. Now if 99% are up to date, you wouldn't have to change those monthly figures, just those that don't pay, but at each posting all would owe something. Would I do it personally? I think I might if it served the purpose. Boards are forever having to post amounts due for fines, special assessments, all kinds of things.

JudithC
(Virginia)

Posts:252

07/07/2007 5:14 AM
Robert, I wouldn't do that either as it is just a thinly disguised posting of delinquents, or rather who the association thinks is delinquent. As far as websites go in general, I think it is a bad idea to post anything so if someone went and Googled a person's name, something negative would show up. Too many people Google others now just to see if they are real, what they are like, etc. so I think one should be careful about using names. That little rule would allow addresses to be put up but not names, though in this case I would not do that either. I guess my question is how does it do anyone any good? I guess I am prejudiced because the only people who wanted to see the exact assessment information by household were the neighborhood snoops. I do think it important for people to be aware of your enforcement efforts on assessments and there is "one household that owes $$, they have been sent to the attorney for collection". You could post the list of numbers with no identifying names/addresses next to them -- that would serve the purpose of informing the membership. In my experience, the best deterrent to people being late in payments is have your collection policy be extremely consistent. Don't send a letter in 15 days one time, two months another time. Have people be aware that you are on top of it and if they do nothing, collection efforts will proceed and they will end up paying far more than if they just coughed up the money now. Saying this, I admit we have reasonably low assessments, not like a condo, and I think the difference between people owing chump change and a significant amount of money is considerable. It is probably why a consistent policy works so well for us -- if you let the chump change grow into a significant amount people have a harder time paying and ignore your efforts.

RobertR1
(South Carolina)

Posts:2147

07/07/2007 5:30 AM
Judith, Are you saying that you would use my proposed method if only unit numbers are used? I have a different view of why condo owners want to know who is not paaying. First it is money involved, and second it is a desire to know that money is being spent wisely. In our case we have big dues, minmal real accounting, no sunshine efforts, and 90% absentee owners. I believe it is encumbent on the board to post as much information to the regime as possible. Developss interest and helps support any special assessments. Of course none of that seems to work very well around here. We have a special assessment that is now in it's fith or sixth year and I bet if you asked 80% of the owners what it was originally slated for, they couldn't tell you, and that includes new owners, and thosse that sold.

JudithC
(Virginia)

Posts:252

07/07/2007 6:34 AM
Robert, wouldn't posting the numbers with no identifiers at all satisfy the need for sunshine about what the board is doing management wise? Of course, if they are ignoring collections it might give others the idea that they can deadbeat the association too -- yikes! What are you going to do with the addresses or names of the owers, write them personally? Or, do you think public humiliation will increase compliance? Do those that don't pay even look at the website to know they are on a list there? I would seriously consider whether there are any benefits that would outweigh the risks, and if I posted the numbers with any kind of identifiers at all there would be a prominent statement about how these are the alleged balances. Yes, I would consider posting the address, though, better than posting the name as it avoids the "Google defamation of character". You know, oddly perhaps, our offsite owners were usually extremely regular about paying. A lot of them had managers for the property and payments got straightened out once I asked all of the managers how they wanted the notices to be identified. Usually they have automatic check generation and the notice that was going astray was the increase notice. However, if something got lost in the mail, our warning notices sometimes did not make it to the right person until I got the identification problem straightened out. Also sometimes people change managers and don't notify the association so that can cause problems. Anyhow, even those that paid themselves were usually on my "good guys" list. (There were some people that were so regular about paying if they showed up late you checked your own system first, or suspected massive breakdown of USPS -- that was the "good guys" list.)

MelissaP1
(Alabama)

Posts:650

07/07/2007 12:48 PM
Have we not had enough of this post yet??? To sum it all up, it's not a good idea to post individuals names that owe money. It really isn't going to accomplish anything except arguments and unwanted attention on BOTH sides. It's just another "drama" for the HOA to focus on than actually doing what they should be doing. That's collecting the debts the legal way of lien or foreclosure. Bullying someone isn't going to make them pay squat just make them angrier. If a member is behind on dues, then concentrate on the LEGAL means of collecting. You will get better results this way and get the right direction going to collect debts. Spending time announcing to the world someone is a debtor is a waste of time and energy best spent somewhere else educating on the real way to handle members like this. Let's stop debating this issue, and start working on fixing the "Real" problem. Enforcing the rules and not lollygagging around inventing new ideas of collecting that aren't exactly legal. The CC&R's allows the LEGAL collection of debts, go on and use them! Thank you! P.s. Feel much better thanks!

Former HOA President

RobertR1
(South Carolina)

Posts:2147

07/07/2007 2:03 PM
Melissa, As a former board president you must know how difficult and how expensive it is to file a lien, hire a lawyer and go to court. How in the world are you going to depend on a board, and a lot of them are this way, and a lot are abssentee owners, to get together and vote to take your neighbor to court. I don't feel there is a sure fire solution to any problem when you put it up for a vote of Board members or home owners. Maybe I am living in the wrong place at the wrong time and I am not advocating nor do I think Judith is, to do something a specific way. It is just a conversation that maybe will ring a bell. Having said that, I think your point is well made and maybe Hotalk will consider putting a limit on the number of posts per subject. Regards, Robert1

JudithC
(Virginia)

Posts:252

07/07/2007 2:04 PM
Melissa, Ever hear of the delete key on your computer? It does wonders.

RobertR1
(South Carolina)

Posts:2147

07/07/2007 2:36 PM
Is there such a thing as a block black out key. That's what I need. All the government has them and they use them all the time when forced to give out stuff under Freedom of information law. Looks like one of those censored letters from the war front during the Second World War.( Ain't that a hell of a name) Trouble is I would like to be able to censor them after I find out I screwed sometime up.

MelissaP1
(Alabama)

Posts:650

07/08/2007 6:21 AM
I am sorry to make everyone so upset. The fact does remain that posting someone's name in an effort to collect money owed is NOT a guarantee that's going to happen. You could post my name on the HOA website, I may never even see it. If I don't care enough to pay my dues, I am not going to care enough to read or review a HOA webpage. That's just the cold hard facts of the situation. Sorry can't sugar coat it. Has someone ever stopped drinking and driving because they have their picture posted in a newspaper? Have Sex offenders/child molesters with the notification law, stop committing crimes because you are notified who they are? Most likely not. What has worked to get them to stop? I believe it's the law and jail time. All of which cost the tax payers money to support. I don't think shame exists anymore for most people. Posting information for the public eye doesn't slow anyone down or get action taken. Enforcing the laws does. Sorry that it costs money to file a lien or to do a foreclosure. However, they are guaranteed to get results and the proper attention. They offer solutions and not more risks. You risk the HOA getting sued for slander or other issues. Why give the non-payer the upper hand? Now you may say what you want about me. That's fine. But when the rubber meets the road, you will find I am correct. You want action done, you have to take the legal actions available to you and others. This is spoken from experience. I never said it was easy. It's just what has to be done.

Former HOA President

JudithC
(Virginia)

Posts:252

07/08/2007 7:59 AM
For someone who wanted to throw ice on a topic, you sure are posting, Melissa. Although ultimately of course you have to follow legal means, there are certainly ways to increase compliance in addition to calling in the big guns. Certainly a well-formed collection policy includes taking into account psychology as well as the law. (i.e. I stated there was a direct correlation between consistency and compliance in our association, it also helped tremendously to be in touch with the PMs that were handling offsite owner's properties). I think there is much to be gained from comparing what others do in collections -- what works and what doesn't. Particularly as the housing market declines, it is bound to be a hot topic. Already in our area associations are feeling the heat -- particularly those with high assessments. In such an atmosphere you want to collect the money, and collect it now! Not doing so exposes you to losing the money in foreclosures and bankruptcies. Interested homeowners will also want to be assured that their associations are keeping their accounts receivable as low as possible -- it is the health of the association that is at risk.

RobertR1
(South Carolina)

Posts:2147

07/08/2007 8:58 AM
Judith and Melissa, Well, I for one would like to have the both of you doing the job here. With your knowledge and concern I am sure everyone would like to have you both in their organization. I'm not blowing smoke either. I guess God didn't have enough people that cared enough so he had to spread them out pretty thin.

DuaneW1
(Georgia)

Posts:29

07/09/2007 8:23 PM
'I feel I can speak on behalf of the majority of the members that post to this discussion forum, by saying you are “beating a dead horse” concerning delinquent homeowners. Basically saying it’s not fair' AND 'Please help us help you we are all aware of those exact same HOA problems,' Charles, I bet you like oxymorons too, don't you? Or were you just wearing your 'Trigger' shirt and wanted to let us all know that? I'm not sure why you elected to point our my equine abuse problem, when the thread was not started by me, however in the future, concerning your obvious sensibilities towards this subject, why don't you just not open it, so you won't upset yourself? In the meantime, on behalf of newbies like myself, of course threads are going to sound similiar, there is nothing new under the sun, after all. We all start our wide eyed, optimistic, and gung ho, and slowly wind down after the umpteenth call about so and so's dog on the lawn or someone is playing basketball and it is nine o'clock at night. It WAS nice to listen and share with others suffering through the same stuff, without worrying about someone recognizing we were talking about them. I LIKED knowing we were all in the same boat, and that it took a bit of the stress off realizing that people really are the same everywhere.

CharlesW1
(Georgia)

Posts:818

07/10/2007 7:38 AM
DuaneW1, I apologize for my ignorance, but I fail to understand what you are insinuating, when you said “Or were you just wearing your 'Trigger' shirt and wanted to let us all know that?” Please don’t take offense to my analogy. I never meant to offend you or anyone, just stating what many (I’m sure) were thinking. The majority of advice, opinions views and/or experiences posted have always been very informative. The obvious fact, which this particular discussion was nearly three plus pages long and all pretty much saying the same thing was very apparent to me. Not to mention the hundreds of previously written posts discussing the same topic. I felt a decision could have been established prior to posting the question and certainly after the first page had been established. I too am a “newbie”. I enjoy helping those who take the initiative to resolve an issue affecting their community. You are correct, We are all in the same boat, discussing the many problems that plague our HOA communities and seeking advice. The advice posted continues to help me better understand what a HOA should and shouldn’t do. I have learned more from those who continue to share their experiences and knowledge in the past year than I could ever imagine. Much of the advice posted is written by board members/previous board member, attorneys, etc. All posts written have given me a much better appreciation for the thankless job of being a board member. Again I don’t mean to be arrogant in my previous post, but I do feel that the original question asked was indeed answered prior to proceeding into the 2nd, 3rd and now 4th page. Sorry to have stated the obvious, statement withdrawn. Chuck W.

Charles E. Wafer Jr.

JudithC
(Virginia)

Posts:252

07/10/2007 8:39 PM
It seems to me that some have taken it upon themselves to be moderators of this message board when that is not their function in life. From someone who has moderated a message board, it always causes discord when people take it on themselves to do this. As far as "The obvious fact, which this particular discussion was nearly three plus pages long and all pretty much saying the same thing was very apparent to me. Not to mention the hundreds of previously written posts discussing the same topic." Okay, pop quiz. If a HOA does collections themselves are they covered by the Fair Debt Collections Act? If so, what case law covers this? If the HOA farms out collections is that person covered by the Fair Debt Collections Act? (I'm not asking for case law on this as it is easy to find) If it was all old hat to you, you should easily be able to answer those questions. I am still waiting for the case law example so I am quite serious about this. If you can't answer the questions, and you can't find the answers in the discussion, I would submit there were some new issues being discussed and you just "tuned out". That is fine, just don't try to keep others from getting to the root of an issue that you don't care about.

MelissaP1
(Alabama)

Posts:650

07/10/2007 9:32 PM
Okay, I am violating my pledge here but someone stepped on my "pet peeve". Why is it soo important to see "Case law"???? Really? Are you a lawyer or trained in legal matters? We pay attorneys/lawyers because they are PRACTITIONERS of the law! We are mere servants to it! Now I can quote about any "case law" that's ever been on the books. Can easily access many law sites on the web. Doesn't make me an attorney or can go to court with that information. The judge and attorney's already know that stuff or are paid to find out about it. It's there job, why should I do all their leg work for all the money they get paid? Now, I have taken Law courses in college. Taken both criminology and business law. In all my time in those courses, it wasn't important to "quote" the laws. What was important was "translating" the law into layman's terms. Knowing what the law was trying to convey. Many have noticed my posts and pick at them because I don't quote some statute or law. I won't do it. Most HOA must hire legal council to represent them in court. Now someone from the board can do it, but are you willing to trust an untrained not licensed individual to represent you in court? I'd be willing to spend the money to have professional help. I have hired multiple attorneys over the years. I have had to file liens and even foreclosed on a house as President of a HOA. Not one time did I ever have to quote a law in doing so. I did have to reference the correct area in the CC&R's that allowed the HOA to file liens and do foreclosures. That was the extent of the legal "knowledge" I had to extend. Mind you, that I am knowledgeable enough to have filed and won these cases on my own. However, I am NOT licensed or a practitioner of the law. I don't have the "edge" that attorneys have with judges or court staff. Matter of fact, many don't appreciate an individual taking the law into their own hands and representing themselves. It may be our legal right to do so, but it can be a true disadvantage. I'd hire a professional any time of the week instead. Sorry, to extend this post more. Was NOT my intentions. However, I felt everything had been covered extensively already. If not on this post, then others. Any newbie could search a bit more for other related posts and should. Just don't say that because you didn't see the exact quote or information format you wanted, that the horse wasn't beaten enough. This post is NOW Roy Roger's horse "Trigger" which is very much stuffed and available for viewing any time.

Former HOA President

JudithC
(Virginia)

Posts:252

07/11/2007 4:45 AM
"Why is it so important to see "Case law"????" Because Melissa, there are some times that one wants to separate fact from opinion. Without some authority behind statements all there is, is opinion, and there are a few things that one wants to know whether it is true or not. Simple. So simple. Just like you keep screaming (in all caps, that is what it is called) that HOAs are generally non-profit. You have been told before by experts on this forum that is not true, they are usually not-for-profit. Most do not qualify for non-profit status. However, since I have been active this is one of the common posts from you. I must have seen it 5 times in two weeks -- it rates right up there with your "you should not sue your association" post, and "you cannot fine members post". As far as being repetitive you had better first look in the mirror. And, at least for me, you would be well to have some sort of reference to back up your posts about things that should be provable.

RobertR1
(South Carolina)

Posts:2147

07/12/2007 5:39 AM
My opinion, Well, it appears to me the problem seems to be more a problem with the board than the one posting. The effort made to carry on a conversation with the membership is worthy. As far as getting wires crossed because of an attempt to communicate is a challenge we face daily, and we deal with it. If a Board member is not a team player and is doing something to obstruct the Boards responsibility or endeavers, this is a problem that should be mediated, not controlled by direction from the other Board members. This person was elected by the membership to do the best job they can. That, to me, means they have equal standing. Which is the worse of two evils, have one member that attempts to communicate to the Board and to the membership, or, have a member that never put themselves in a position that the board can find fault with their action (inaction). Sure, the vocal member that tries to establish communication (listening and talking) will stick his foot in his mouth once in a while and damage control may be needed. If we got rid of that kind of person, there wouldn't be any left in the world. Harmony, United front, a good working agreement among board members may be what we shoot for, but, trials and tribulations built the country, in a significant contribution.

DavidR5

Posts:0

07/22/2007 7:40 AM
There is something in this that doesn't make sense. Now if the web site were "public", that is there was no log in required, then I would say that you can't publish the information generally. But if the web site were for "unit owners only", then I can't see why disclosure would matter. Florida law allows any member of the Association for review any Association document or the books. So if the books were made perpetually available on a web site, for example, the units that were delinquent would be a matter of association record, and available to all unit owners as required by law. There is no "discloser", since everyone in the association as the right to know what's going on.

RobertR1
(South Carolina)

Posts:2147

07/22/2007 8:57 AM
David, I believe most can see the logic in your reasoning. However, I think the consenus here is that as a practical matter it is best not to post names of deliquent owners. The conclusion seems to be there is little to gain and the possibility of a lot to lose through the courts. Of course the laws have differences from state to state, which don't help matters, wheen giving advice. A Board member or members that are called to make this decision also have a duty to their association that they do no wrong to the best of their ability. I don't think it has been brought up here but suppose an owner would decide to sue the Board to publish the names and the judge so ordered and the names were published. I imagine then the board might want to rethink their original decision. But you still have to contend with what do you gain by putting out the names; right or wrong.

DavidR5

Posts:0

07/22/2007 9:09 AM
I'm not trying to claim its a good thing to do or not, only that I can't see how it can be a legal matter to make information that is readily available in the office available more easily, as long as its only unit owners that have access to the information. The problem with most HOAs is that they are so afraid of getting sued that they don't enforce the rules, which puts them at risk of getting sued as well. You end up with a big mess. It also seems that there should be a distinction between someone who is late because they can't make their payment, and someone who is thumbing their nose at the association. My association is all wealthy people, so there is no excuse for someone not to pay their $1000/month.

DavidR5

Posts:0

07/22/2007 9:36 AM
Note that I'm also not saying to post a statement like "Fred smith in unit 1201 is LATE on his payments!!!". I'm suggesting something like: Unit 1201: $800. overdue 50 days Unit 1202: up to date Unit 1203: up to date Where noone is being singled out. I don't think there is much point in doing it, but its really no different than looking at the books.

DavidR5

Posts:0

07/22/2007 9:46 AM
It would be nice if you could edit these, maybe community123.com is listening Also, it seems that the "consensus" seems to be worried about people "googling" the site. HOA websites generally have logins, so the information is not Googlable, or readable by anyone not in the association. You don't want HOA message boards to be googlable, and they're not. Because if you don't log in, you can't read the messages. Because of this, such content is not considered "Public". I know the original question was about a public website, but HOA websites are rarely "Public". Just because a web site is accessible from the internet doesn't make the content "public".

RobertR1
(South Carolina)

Posts:2147

07/22/2007 9:51 AM
David, I take it then your interest is not primarily if the deliquents are posted, as much as it is your declaration that most boards are afraid of being sued. Addressing the "sued" part only. I would say all boards are afraid of being sued, that is part of their job to see that doesn't happen. I can be very critical of the actions of BoD, maybe overly so, but push comes to shove, they have to make the call. Maybe you are right in how you feel and it may be true for all boards, but, not likely. There are some horror stories on the internet about abusive BOD and managers, but so far any advice I have read on this site comes from folks I wouldn't mind having on my board or in Management. The hardest part I find of being on the other side of the board is knowing when to back off for the greater good. That means I have to accept decisions I don't like and absolutely know they are making a mistake, maybe.

DavidR5

Posts:0

07/22/2007 10:05 AM
Posted By RobertR1 on 07/22/2007 9:51 AM David, I take it then your interest is not primarily if the deliquents are posted, as much as it is your declaration that most boards are afraid of being sued. Addressing the "sued" part only. I would say all boards are afraid of being sued, that is part of their job to see that doesn't happen. I can be very critical of the actions of BoD, maybe overly so, but push comes to shove, they have to make the call. Maybe you are right in how you feel and it may be true for all boards, but, not likely. There are some horror stories on the internet about abusive BOD and managers, but so far any advice I have read on this site comes from folks I wouldn't mind having on my board or in Management. The hardest part I find of being on the other side of the board is knowing when to back off for the greater good. That means I have to accept decisions I don't like and absolutely know they are making a mistake, maybe. I think the fact that they are on this message board is an indication that they are at least trying to "do the right thing", which should be the goal. The horror stories are because there are so many inept boards. To me, you have to do what makes sense for the majority of people. You might get sued for trying to enforce a rule, but you also can get sued for not enforcing the rules. But the worst thing that Boards do that they do things without any sound reasoning behind it. Regarding this issue, the only way that posting delinquent accounts might benefit the Association is if peer pressure will help to get people to pay. You have a fiduciary duty to collect the money, and if you have to take out a loan because you can't get some people to pay, or if you have to pay legal fees to try to collect, then everyone in the association is affected. So if the tactic is legal and it helps the association, then its up to the board to weigh whether it is worthwhile. You also want to avoid having to sue people. So the circumstances of why you would or wouldn't to it is a factor as well.

RobertR1
(South Carolina)

Posts:2147

07/22/2007 10:20 AM
David, I would have to take exception to your conclusion that the Board should take action that insue the happiness of the majority. I believe, the Boards mandate is to the Real Property, especially in condos. Owners come and go like customers in a gas station, the real property is what enables the association to exist. Anytime a board makes a decision that protects or improves the real property, they are doing their job. More trouble is caused by trying to please most than ever will be caused by protecting and improving the real Property.

DavidR5

Posts:0

07/22/2007 11:02 AM
Posted By RobertR1 on 07/22/2007 10:20 AM David, I would have to take exception to your conclusion that the Board should take action that insue the happiness of the majority. I believe, the Boards mandate is to the Real Property, especially in condos. Owners come and go like customers in a gas station, the real property is what enables the association to exist. Anytime a board makes a decision that protects or improves the real property, they are doing their job. More trouble is caused by trying to please most than ever will be caused by protecting and improving the real Property. Wow, I couldn't disagree more. I think that your attitude is typical however, and exactly the reason the people say things like "I'll never live in a condo again", and why most condos are barren, uninteresting places to live. I equate your attitude to parenting. Your obligation as a parent is to make sure your child has food and clothes and shelter and to make sure they go to school. You have no obligation to give them a happy life. You can set rules and curfews and make your child's life a living hell and still meet your obligations. Or you can be fair and firm, and take him to disney world once in a while. You can meet your obligations without being a cold ogre. If you do so fairly, and take the child's lifestyle into consideration, you'll have a happier and more cooperative child, and the overall job is easier. I believe that, while its not the OBLIGATION of the Board to try to make a condo or HOA a great place to live, a board that discounts lifestyle is a lot like a bad parent; not "bad" in that they don't provide basic needs, but bad in that they don't seem to care about the very people they were elected to make decisions for. I also believe that lifestyle can be a substantial component of the value of an Association. A building that is known to be divisive and cold and that has no social activity is not going to be as desirable a place to live as one where everyone says how great the place is. And maybe people won't be moving in and out "like a gas station" if the place wasn't such a miserable place to live as well? You don't "please" by always doing the popular thing, you "please" by making it clear why what you're doing is in the best interests of the Association as a whole. Just like a parent has to explain to his child why he can't have everything he wants. People aren't stupid (well most aren't). You let the people in the building feel that it is THEIR home, and that you, as a board member, are really just one of them who has been granted the privilege of making the final decision on a lot of important things.

DaneC
(California)

Posts:210

07/22/2007 11:30 AM
In September 2002 a jury victory was won in the case Robinson v. Prophecy Homeowners Association, Inc. et al. in Prince George's County, Maryland. The jury found that the publication of a homeowners association newsletter containing the debtor's name and debt owed with the title "Hall of Shame" violated the Maryland Consumer Debt Collection Act. The jury found that the newsletter violated the section of the law which makes it illegal for a debt collector to 'Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any manner as reasonably can be expected to abuse or harass the debtor. Maryland Commercial Law Art. 14-202(6). A post-trial motion for fees has been filed (see Briefs). http://www.worshamlaw.com/debtcollection_cases.htm

Dane Clark Official HOATalk.com Sponsor Vice President, Common Interest Developments Bay Commercial Bank Learn More About our Community Assoc. Banking Programs *See legal notice below (end of page) or go to www.hoatalk.com/legal

DavidR5

Posts:0

07/22/2007 12:03 PM
Posted By DaneC on 07/22/2007 11:30 AM In September 2002 a jury victory was won in the case Robinson v. Prophecy Homeowners Association, Inc. et al. in Prince George's County, Maryland. The jury found that the publication of a homeowners association newsletter containing the debtor's name and debt owed with the title "Hall of Shame" violated the Maryland Consumer Debt Collection Act. The jury found that the newsletter violated the section of the law which makes it illegal for a debt collector to 'Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any manner as reasonably can be expected to abuse or harass the debtor. Maryland Commercial Law Art. 14-202(6). A post-trial motion for fees has been filed (see Briefs). http://www.worshamlaw.com/debtcollection_cases.htm I'm sure the "hall of shame" title didn't help their case. There is a distinction I think of "singling someone out" and just making association info available. You're better off just accidently mentioning it to the Association gossip and letting word get around. Its probably faster that way anyway

JudithC
(Virginia)

Posts:252

07/22/2007 1:43 PM
Dane, thanks for that link as earlier we had been asking if there had been any recorded cases about the issue. I found this statement interesting from the front page of the same site: "The FDCPA Regulates Debt Collectors, Not Creditors It is important to understand that the FDCPA regulates debt collectors, and not creditors. The creditor is the person or company who is owed money. A debt collector is a separate entity trying to collect the debt for the creditor. The Maryland law is more protective than the FDCPA, and regulates both creditors and debt collectors." My initial reaction when reading the summary of the case concerned whether the association was collecting the debt or a third party. It seems Maryland has covered this by extending the basic protection of FDCPA to creditors also. Perhaps more states will do so.

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