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Tuesday, November 13, 2018
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Subject: One member paying the dues of another member to receive their proxy vote
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Author Messages
KerryL1
(California)

Posts:5842


07/07/2018 9:53 AM  
C'mon, JohnC; you're not usually one to sabotage a thread.
MelissaP1
(Alabama)

Posts:7713


07/07/2018 9:59 AM  
JohnC's always been a public shaming advocate. Some HOA's believe in that and his does. My personal opinion is that it doesn't create an atmosphere of trust or gets more people to pay up. However, I can't say that the approach isn't without merit either. It's just the approach that not preferred to take.

Former HOA President
GeorgeS21
(Florida)

Posts:746


07/07/2018 10:33 AM  
Kerry's right ... I'll start another thread ... have a "voluntary HOA" circumstance.
JohnC46
(South Carolina)

Posts:7812


07/07/2018 3:05 PM  
Posted By MelissaP1 on 07/07/2018 9:59 AM
JohnC's always been a public shaming advocate. Some HOA's believe in that and his does. My personal opinion is that it doesn't create an atmosphere of trust or gets more people to pay up. However, I can't say that the approach isn't without merit either. It's just the approach that not preferred to take.





My HOA does not publically shame but I believe in such.
JoyceR2
(Virginia)

Posts:130


07/07/2018 8:12 PM  
Nice to have someone pay delinquent assessments Even so, he is not the legal owner of the property & that is the sum total of who owns the proxy unless the delinquent party signs it over.
JanetB2
(Colorado)

Posts:4151


07/09/2018 9:42 AM  
Posted By GenoS on 07/07/2018 8:23 AM
Posted By JanetB2 on 07/07/2018 12:20 AM
No Owner other than the BOD who is attempting to collect money from delinquent owner’s and those delinquent owner’s should be privy to such information (which is why these issues are discussed by the BOD in a private BOD session).

That depends on what state you're in. While it doesn't have to be announced publicly, and usually isn't, in Florida every homeowner is entitled to inspect the monthly financial reports - all of them - where they can see who's behind, how much they owe and how late they are in paying it. This kind of information does not meet either of the 2 requirements to have a closed Board meeting.

At the same time, you can't publish a "deadbeats list" in Florida so, again, this sort of information is not posted conspicuously or spoken about in detail at board meetings, but it's not a state secret, either. You just have to go through the right channels to get it.


Which is why I stated can depend on your State Statutes. In many when it reaches the point of filing a lien those are available for public to view via many County Records. However, the HOA potentially should not be airing a dirty laundry list of names which could get them into trouble. Some here need to keep in mind once in while an Owner may fall behind on assessments due to emergencies beyond their control. For example if a family was in a car accident and in hospital for a few weeks, then rehabilitation and fell behind on monthly assessments ... should they be publically shamed? ... NO.
RichardP13
(California)

Posts:3107


07/09/2018 10:04 AM  
If an owner falls behind in assessments, it is relatively easy (speaking from experience) to determine some sort of reason for a delinquency. I have dealt with these types of issues for about ten years now. I would work with any one that is willing to work with their association. For a deadbeat, behind for two years, no such hope. Public shaming, why not. Anyone cite case law that says you can't.

If a home goes into default or for foreclosure sale, it has to be made PUBLIC. Those same people could have have a medical situation also. I have seen many notices taped to the gates of my old community. Anyone could take that information and find out who the owner is.
AugustinD


Posts:1139


07/09/2018 11:03 AM  
Posted By RichardP13 on 07/09/2018 10:04 AM
Public shaming, why not. Anyone cite case law that says you can't.


I would not care to run afoul of the various state laws prohibiting creditors from publishing names of those who owe them money. Case in point: https://oneallawoffice.wordpress.com/2014/06/18/shaming-the-debtor-no-shame-on-the-creditorcollector/
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