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Subject: HOA Delilnquencies
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Author Messages
ElaineH3
(South Carolina)

Posts:2


10/05/2018 2:23 PM  
I am in South Carolina and a member of a HOA for a resort Condominium. We have several owners who are seriously past due in the HOA monthly fees. Is there anything that would prevent us from publishing the names of these owners to the members in good standing at our annual meeting? We have not been successful in getting them to pay these past due amounts. Thank you
RichardP13
(California)

Posts:3130


10/05/2018 4:30 PM  
There is nothing illegal about shaming someone who is delinquent on their dues. But, if you feel uncomfortable, how about listing all the owners with their address that are current and in good standing. Let the others figure out who is delinquent and NOT in good standing.
MarkM19
(Texas)

Posts:159


10/05/2018 5:02 PM  
I brought this idea up several times over the years and was always quickly talked out of voting on posting names.

One idea that may spark the negligent home owners is a deadline to pay by a given time. Lets say you publicize that all delinquent account will be announced in whatever manner the board chooses on 1/1/19. If any had pride or friends in the community I would do whatever I could to get that debt paid. Because it is a resort community you probably have many absentee owners and this may also not get the debts paid. Do you have any amenities the can be restricted until dues are current?

When I requested that all people not current would have pool privileges be revoked until paid in full. We then actually enforced it. I was shocked at how many people found credit cards to charge the payments so that they did not have to explain to the kiddos why they could not go swim.
MelissaP1
(Alabama)

Posts:7762


10/05/2018 5:09 PM  
Well first off you need to determine why they are not paying. Is it out of ignorance? Do they know they are due? Are they protesting something? Can they not afford it? I find by instituting a policy of 6 months behind we lien, 1 year behind we CONSIDER foreclosure. Once there is a policy in place it's less "selective enforcement". Plus it does weed out those with the before mentioned issues. We were able to make payment arrangements with the ones who want to pay.

Our policy is that ONLY board members see the Collections report. ALL members can see the expense report. I don't believe in public shaming as it can get really ugly fast. Plus as long as the HOA board is doing it's job by actively seeking collection, then it's a non-issue to be nosy. Our HOA we never mentioned names just Lot#'s. Plus we stated what actions we were doing with those lots. Such as payment plans, lien, or foreclosure considerations. Never sue for behind dues. It's a bad idea.

Former HOA President
SteveM9
(Massachusetts)

Posts:3123


10/05/2018 6:42 PM  
Posted By MarkM19 on 10/05/2018 5:02 PM
I brought this idea up several times over the years and was always quickly talked out of voting on posting names.


We have always published the address of the property behind on dues. No different than a town's public record of who is behind in city taxes. Reason is irrelevant. Dont pay, your on the list. We use the address numbers because the name is irrelevant, the debt and lien is against the property not the owner.

Its not public shaming, its financial transparency. Other owners deserve to know the financial health of the HOA and how many properties are not paying.
JenniferG12
(Texas)

Posts:103


10/06/2018 3:02 AM  
You need to look at state law. Texas doesn't permit any such thing unless/until a lien is filed and it's already therefore a matter of public record.
SteveM9
(Massachusetts)

Posts:3123


10/06/2018 5:56 AM  
Posted By JenniferG12 on 10/06/2018 3:02 AM
You need to look at state law. Texas doesn't permit any such thing unless/until a lien is filed and it's already therefore a matter of public record.




How does the texas law read? I didnt see anything on google. If you dont let your members know the financial health of the HOA, who does have access to this info? Does texas law state only board members? Only the treasurer?

We are not in Texas, but this is how we do it. Web site for the HOA has a live view of the google sheets (excel) we use to track dues and the date it was updated. Anyone can access the web link anytime they want. No names, only addresses. Everyone can also access a list of all the expenses, checks written, visa card purchases, etc to date. This is done by downloading the bank records in CSV format, opening in google sheets and pasting into the the bank log for everyone to see. All of our meeting docs, minutes, other docs, all on the same website for everyone to see. No one ever has to request information from us, we simply point them to the website. Really cuts down on the man hours from homeowner requests for documents.

Total transparency = informed homeowners = Happy HOA
SteveM9
(Massachusetts)

Posts:3123


10/06/2018 6:14 AM  
Keep this in mind...

- Only members of the HOA can see the list, not the general public
- It lists every address in the HOA. No names. Green box is paid, Red box is not paid.


Ironic..... Texas alcoholic and beverage commission publishes its own debtors list multiple times a month.
https://www.tabc.state.tx.us/credit_law/complete_delinquent_list.asp
SteveM9
(Massachusetts)

Posts:3123


10/06/2018 6:37 AM  
Also keep in mind, an HOA is NOT a debt collector. It is a creditor. And therefore exempt from debt collector laws.

Also, a lawyer or property mgmt company who is asking for payment and saying they are the HOA is NOT a debt collector. They work for the association. And therefore exempt from debt collector laws.

United States District Court, D. Minnesota.
https://tinyurl.com/hoadebt
ElaineH3
(South Carolina)

Posts:2


10/06/2018 1:37 PM  
"Thank you" to everyone who gave feedback. I see several options that might work for our HOA.
NigelB
(Texas)

Posts:251


10/07/2018 9:53 AM  
Posted By MarkM19 on 10/05/2018 5:02 PM
I brought this idea up several times over the years and was always quickly talked out of voting on posting names.

One idea that may spark the negligent home owners is a deadline to pay by a given time. Lets say you publicize that all delinquent account will be announced in whatever manner the board chooses on 1/1/19. If any had pride or friends in the community I would do whatever I could to get that debt paid. Because it is a resort community you probably have many absentee owners and this may also not get the debts paid. Do you have any amenities the can be restricted until dues are current?

When I requested that all people not current would have pool privileges be revoked until paid in full. We then actually enforced it. I was shocked at how many people found credit cards to charge the payments so that they did not have to explain to the kiddos why they could not go swim.




I don't believe that it is appropriate for an HOA in Texas to publish the names of members who are delinquent, and in fact it might very well violate their privacy interests. Section 209.005k of the Texas Property Code states as follows:

"(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association....."

Given that the code provides an exemption from disclosure for that kind of information, it seems pretty reasonable that such "shaming" would violate the intent of the law.

On the other hand, the code does provide for an HOA to deny common area privileges to a delinquent member, however there are some hoops that have to be jumped through. The member must be given notice and comply with the requirements contained in Section 209.006.
RichardP13
(California)

Posts:3130


10/07/2018 10:01 AM  
Is not required, but not prohibited?
MarkM19
(Texas)

Posts:159


10/07/2018 10:14 AM  
Nigel,
I was not living in Texas during those 8 years on a Board. I was in the crazy state of Ca. I am currently back on a Board in Texas and have realized the rules are considerably different.


Does Texas have anything similar to Davis Sterling that gives HOAs guidance?
BillH10
(Texas)

Posts:294


10/07/2018 10:24 AM  
Mark, in a word, no. Guidance for associations follows the hierarchy of documents recently listed in other posts.
JohnC46
(South Carolina)

Posts:7865


10/07/2018 4:53 PM  
Posted By ElaineH3 on 10/05/2018 2:23 PM
I am in South Carolina and a member of a HOA for a resort Condominium. We have several owners who are seriously past due in the HOA monthly fees. Is there anything that would prevent us from publishing the names of these owners to the members in good standing at our annual meeting? We have not been successful in getting them to pay these past due amounts. Thank you




I am an advocate of Public Shaming but few are.
GenoS
(Florida)

Posts:2518


10/07/2018 5:27 PM  
Posted By JohnC46 on 10/07/2018 4:53 PM
I am an advocate of Public Shaming but few are.

I am too, but in Florida the law prohibits associations from posting delinquency lists. Our board discusses delinquent accounts by referring to lot numbers and street addresses only. Owners who want names can make the link themselves without too much trouble. If a homeowner submitted an "Official Records Request" in writing and wanted to see the aging account balances from the monthly financial statements then we'd make those available.
JenniferG12
(Texas)

Posts:103


10/07/2018 11:59 PM  
Posted By RichardP13 on 10/07/2018 10:01 AM
Is not required, but not prohibited?




...not required to release or *allow* inspection of...

We cannot until it's a lien and therefore already a matter of public record.
NigelB
(Texas)

Posts:251


10/08/2018 7:37 AM  
Posted By RichardP13 on 10/07/2018 10:01 AM
Is not required, but not prohibited?



Under section 552 of the government code, HOA's in Harris County, Texas and adjacent counties are subject to the Public Information Act. There is an exemption in that act relating to financial information (common-law privacy generally protects the “background” financial information of the individual, that is, information about the individual’s overall financial status and past financial history).

In other words, if an HOA is contemplating releasing the identities of its members who are delinquent, it had first better get a legal opinion from its attorneys, or suffer the consequences of its actions. It's just not a good idea, and I don't believe that I'd ever wish to live in an HOA that did that kind of thing. The delinquency does become public information once a lien is filed, but I don't believe that an HOA should be in the business of publishing that information unless there is a specific request from an individual.

No public shaming.
KellyM3
(North Carolina)

Posts:1324


10/08/2018 9:04 AM  
Elaine,

Nothing prevents to posting of dues payers' names but shame won't get them to pay their dues. The South Carolina collections process will do that in an official and discrete manner but require lawyers and the involvement of your property management company, who if existing, should lead collections efforts.

Follow the money and use the established processes to collect what's owed.....and what every homeowner agreed to pay when they signed the documents to purchase their condos.
MelissaP1
(Alabama)

Posts:7762


10/08/2018 11:06 AM  
Public shaming doesn't work and it also is another headache to deal with. People can get out of control. Then it can become a police matter.

What needs to be done? Making sure your board is taking the steps to collect. For us it was to establish a collections policy. 6 months behind we lien. 1 year behind we CONSIDER foreclosure. During that 6 month to 1 year of waiting the board should be repeating "We have a lien on that home". "We are deciding on foreclosure". That's ALL the HOA board should be saying to the members. That is their job.

The issue is when your board isn't pursuing liens/foreclosures. Doing selective enforcement on whom they want to collect on. If my board is giving someone 6 months to pay up, then files a lien, why do they need the public shaming? Once it's lien or foreclosure it IS public knowledge. It's to be published in your local newspaper or other public resource. At that point, don't think the board needs to spoon feed anyone. Just it's been liened.

Former HOA President
SteveM9
(Massachusetts)

Posts:3123


10/08/2018 5:04 PM  

No public shaming.


You feel its public shaming when HOA members know the financial status of their private HOA, but its perfectly acceptable when the county/city/state, publish this same info as public record for all eternity, for the public to see? Ironic.
NigelB
(Texas)

Posts:251


10/08/2018 7:07 PM  
Posted By SteveM9 on 10/08/2018 5:04 PM

No public shaming.


You feel its public shaming when HOA members know the financial status of their private HOA, but its perfectly acceptable when the county/city/state, publish this same info as public record for all eternity, for the public to see? Ironic.




If you bothered to read all of my response, you would have understood that before any legal action is taken, the disclosure of private financial information of a member of the association most likely violates their right to privacy under the Texas Public Information Act.

Board meetings covering delinquencies or enforcement actions are handled in executive session. It is therefore reasonable to assume that because they are discussed in executive session the personal information concerning the delinquency is exempt from disclosure - otherwise why not discuss it in open session.

Further Texas property code states the following with regard to the release of records:

(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association, an owner's contact information, other than the owner's address, or information related to an employee of the association, including personnel files. Information may be released in an aggregate or summary manner that would not identify an individual property owner.

(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association

If those records may be kept confidential under Texas law - why in the world would an HOA wish to engage in public shaming by publishing them.

It seems to me that if the State of Texas is willing to provide anonymity to delinquent owners under the property code, then the HOA should be following the spirit of that law.

Once an action is filed against a property such as a lien or even a foreclosure, then it becomes a matter of public record.
RichardP13
(California)

Posts:3130


10/08/2018 8:24 PM  
That is Texas. We can shame them in California, which is more liberal. In South Carolina, hell, there are no laws.
JenniferG12
(Texas)

Posts:103


10/08/2018 8:40 PM  
Posted By NigelB on 10/08/2018 7:07 PM
Posted By SteveM9 on 10/08/2018 5:04 PM

No public shaming.


You feel its public shaming when HOA members know the financial status of their private HOA, but its perfectly acceptable when the county/city/state, publish this same info as public record for all eternity, for the public to see? Ironic.




If you bothered to read all of my response, you would have understood that before any legal action is taken, the disclosure of private financial information of a member of the association most likely violates their right to privacy under the Texas Public Information Act.

Board meetings covering delinquencies or enforcement actions are handled in executive session. It is therefore reasonable to assume that because they are discussed in executive session the personal information concerning the delinquency is exempt from disclosure - otherwise why not discuss it in open session.

Further Texas property code states the following with regard to the release of records:

(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association, an owner's contact information, other than the owner's address, or information related to an employee of the association, including personnel files. Information may be released in an aggregate or summary manner that would not identify an individual property owner.

(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association

If those records may be kept confidential under Texas law - why in the world would an HOA wish to engage in public shaming by publishing them.

It seems to me that if the State of Texas is willing to provide anonymity to delinquent owners under the property code, then the HOA should be following the spirit of that law.

Once an action is filed against a property such as a lien or even a foreclosure, then it becomes a matter of public record.




It's not 'likely'. The stature prohibits it unless the homeowner agrees in writing to it. Notice all the other things in the list besides financial. Those are all confidential under TX law.

We can still know our financial status: "Information may be released in an aggregate or summary manner that would not identify an individual property owner."
SteveM9
(Massachusetts)

Posts:3123


10/09/2018 7:11 AM  
So....... file a legal action.

- Have a letter template of an intent to lien as soon as 10 days late.
- $26 fee to the registry of deeds, add it to the homeowner HOA bill.

Official legal action. Public record.
JohnC46
(South Carolina)

Posts:7865


10/09/2018 8:02 PM  
Posted By RichardP13 on 10/08/2018 8:24 PM
That is Texas. We can shame them in California, which is more liberal. In South Carolina, hell, there are no laws.




In SC, the laws favor the corporations (HOA's are corporations)) versus the individual. One thing that cannot be done in SC is a foreclosure based on fines. Foreclosure can only be done for non-payment of dues/assessments.
RoyalpitA


Posts:0


10/11/2018 2:59 PM  
Posted By RichardP13 on 10/05/2018 4:30 PM
There is nothing illegal about shaming someone who is delinquent on their dues. But, if you feel uncomfortable, how about listing all the owners with their address that are current and in good standing. Let the others figure out who is delinquent and NOT in good standing.




Excellent idea.
JenniferG11
(Texas)

Posts:530


10/14/2018 8:25 PM  
Posted By RoyalpitA on 10/11/2018 2:59 PM
Posted By RichardP13 on 10/05/2018 4:30 PM
There is nothing illegal about shaming someone who is delinquent on their dues. But, if you feel uncomfortable, how about listing all the owners with their address that are current and in good standing. Let the others figure out who is delinquent and NOT in good standing.




Excellent idea.




It's still disclosing personal financial status. Notice this wording in the statute above.

....including records of payment or nonpayment of amounts due the association,,,,,,,
RoyalpitA


Posts:0


10/15/2018 6:05 AM  
"(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association....."

What does the underlined subsection permit?

NigelB
(Texas)

Posts:251


10/15/2018 7:00 AM  
Posted By RoyalpitA on 10/15/2018 6:05 AM
"(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association....."

What does the underlined subsection permit?




(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association; or

(2) a court orders the release of the books and records or orders that the books and records be made available for inspection.
RoyalpitA


Posts:0


10/15/2018 8:54 AM  
... then my INTERPRETATION is that the HOA may NOT 'publicly shame'


however


if the lien has been RECORDED as a public document


a list of properties with said recorded liens 'could' be published


but


a legal opinion may be in order FIRST
JenniferG11
(Texas)

Posts:530


10/16/2018 4:53 AM  
Posted By RoyalpitA on 10/15/2018 6:05 AM
"(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association....."

What does the underlined subsection permit?




(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association
GeorgeS21
(Florida)

Posts:796


10/16/2018 6:27 AM  
Is the key word, “required?”
JenniferG11
(Texas)

Posts:530


10/16/2018 7:38 AM  
Posted By GeorgeS21 on 10/16/2018 6:27 AM
Is the key word, “required?”




I don't think so, it says it's 'not required OR allowed'. I think it's pretty straightforward.
RoyalpitA


Posts:0


10/16/2018 7:43 AM  
nope

the 'oxford comma' is not present


could be grammatically read/interpreted either way




? ain't legalese fun ?

RoyalpitA


Posts:0


10/16/2018 7:45 AM  
..... association is not required to release or allow inspection of any books or records that identify .....


versus

..... association is not required to release, or allow inspection of any books or records that identify .....



poorly worded either way
GeorgeS21
(Florida)

Posts:796


10/16/2018 8:51 AM  
My read of, "...is not required to release or allow inspection...," is that the association is not required to release, NOR is it required to allow inspection.

In other cases, I believe it means it is OK to release or allow inspection.

RichardP13
(California)

Posts:3130


10/16/2018 9:08 AM  
And what the hell does this have to do with South Carolina, NOTHING!
GeorgeS21
(Florida)

Posts:796


10/16/2018 9:15 AM  
Easy ... easy ... calm down ... :-)
JenniferG11
(Texas)

Posts:530


10/16/2018 10:01 AM  
Posted By GeorgeS21 on 10/16/2018 8:51 AM
My read of, "...is not required to release or allow inspection...," is that the association is not required to release, NOR is it required to allow inspection.

In other cases, I believe it means it is OK to release or allow inspection.

I think section (1) clears it up:




(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association'
JenniferG11
(Texas)

Posts:530


10/16/2018 10:02 AM  
Posted By JenniferG11 on 10/16/2018 10:01 AM
Posted By GeorgeS21 on 10/16/2018 8:51 AM
My read of, "...is not required to release or allow inspection...," is that the association is not required to release, NOR is it required to allow inspection.

In other cases, I believe it means it is OK to release or allow inspection.

I think section (1) clears it up:




(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association'




Pretty sure this means they can't unless such permission is granted in writing. To me that seems crystal clear.
GeorgeS21
(Florida)

Posts:796


10/16/2018 12:23 PM  
Gah - I see, now ... sorry ...

Release only if approved by owner or court order.
KathleenC5
(Florida)

Posts:1


10/23/2018 7:33 PM  
We are in Florida. A homeowner has asked our HOA for the names of the homeowners who are delinquent. We as the board unanimously said she can have the number of how many are delinquent, but not their names. She is not satisfied with that information. All financial records are available for anyone to inspect. What is our legal responsibility on this matter?
JenniferG11
(Texas)

Posts:530


10/24/2018 1:01 PM  
Posted By KathleenC5 on 10/23/2018 7:33 PM
We are in Florida. A homeowner has asked our HOA for the names of the homeowners who are delinquent. We as the board unanimously said she can have the number of how many are delinquent, but not their names. She is not satisfied with that information. All financial records are available for anyone to inspect. What is our legal responsibility on this matter?




What you offered is correct and too bad that she isn't satisfied with that. It's not her business to know who. Her interest in and rights to *the financial status of the association* are satisfied.
GenoS
(Florida)

Posts:2518


10/24/2018 9:28 PM  
Posted By KathleenC5 on 10/23/2018 7:33 PM
We are in Florida. A homeowner has asked our HOA for the names of the homeowners who are delinquent. We as the board unanimously said she can have the number of how many are delinquent, but not their names. She is not satisfied with that information. All financial records are available for anyone to inspect. What is our legal responsibility on this matter?

I believe that's illegal in Florida. The owners are entitled, upon written request, to see just about everything and there's no cutout in the statute for individual account balances or delinquencies.
DouglasK1
(Florida)

Posts:1278


10/25/2018 5:36 AM  
Posted By JenniferG11 on 10/24/2018 1:01 PM
Posted By KathleenC5 on 10/23/2018 7:33 PM
We are in Florida. A homeowner has asked our HOA for the names of the homeowners who are delinquent. We as the board unanimously said she can have the number of how many are delinquent, but not their names. She is not satisfied with that information. All financial records are available for anyone to inspect. What is our legal responsibility on this matter?


What you offered is correct and too bad that she isn't satisfied with that. It's not her business to know who. Her interest in and rights to *the financial status of the association* are satisfied.


I'm with Geno on this. Florida has a broad open records law for associations with a few clearly defined exceptions. Payment status is not one of the exceptions.

Kathleen, your association is covered by FS 720 (718 for condos), if you are not familiar with this, you should be. It is at:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

A relevant excerpt:


(4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
...
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
...
(l) All other written records of the association not specifically included in the foregoing which are related to the operation of the association.


and


(5) INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address. Notwithstanding the restrictions in this subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner. However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association. An owner may consent in writing to the disclosure of other contact information described in this subparagraph. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
6. Any electronic security measure that is used by the association to safeguard data, including passwords.
7. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.

Escaped former treasurer and director of a self managed association.
EdC5
(Florida)

Posts:63


10/25/2018 9:04 AM  
Posted By GenoS on 10/24/2018 9:28 PM
Posted By KathleenC5 on 10/23/2018 7:33 PM
We are in Florida. A homeowner has asked our HOA for the names of the homeowners who are delinquent. We as the board unanimously said she can have the number of how many are delinquent, but not their names. She is not satisfied with that information. All financial records are available for anyone to inspect. What is our legal responsibility on this matter?

I believe that's illegal in Florida. The owners are entitled, upon written request, to see just about everything and there's no cutout in the statute for individual account balances or delinquencies.




As a FL association manager I agree, generally. In the last property I managed I never ran a "delinquency' report for the board. So, those few times residents asked for a list of delinquent owners my response was "you can look at the records, but what you want doesn't exist". Inevitably they would want me to run one and my response was "I am not required to and won't create reports for requests".

Edward J Cooke, CMCA, LCAM
JohnC46
(South Carolina)

Posts:7865


10/25/2018 4:50 PM  
Our MC runs a delinquency report with names, addresses, and amounts. This report goes to the BOD monthly. We have never released it to fellow owners (and we have been asked to) as a matter of privacy. We do release delinquency amounts but not the "location" of such unless it goes to bankruptcy as our largest delinquencies are and then we release names and addresses.
GenoS
(Florida)

Posts:2518


10/28/2018 11:08 AM  
In a Florida HOA under FS 720 a director is "deemed to have abandoned his or her seat" on the board if he or she becomes more than 90 days delinquent in paying any monetary obligation. One of our directors left on an extended vacation in May and a payment that was due on May 31 went unpaid until late September. FS 720.306(9)(b) is clear. He abandoned his seat on the board as of August 30.

How on earth are associations to make that determination in order to follow the law if nobody ever knows who's behind on their obligations? You've got to explain his disappearance from the board sooner or later.
JenniferG11
(Texas)

Posts:530


10/28/2018 3:42 PM  
Posted By GenoS on 10/28/2018 11:08 AM
In a Florida HOA under FS 720 a director is "deemed to have abandoned his or her seat" on the board if he or she becomes more than 90 days delinquent in paying any monetary obligation. One of our directors left on an extended vacation in May and a payment that was due on May 31 went unpaid until late September. FS 720.306(9)(b) is clear. He abandoned his seat on the board as of August 30.

How on earth are associations to make that determination in order to follow the law if nobody ever knows who's behind on their obligations? You've got to explain his disappearance from the board sooner or later.




That is close to a question I had before. In Texas, we may not see these things, so how can we ensure that someone running for the board is not delinquent? Or presently on the board? Apparently we have to rely on the BOD members to police each other.

But as far as explaining if that happened, they could just ask the person to resign, and then not give a reason. Resigned for personal reasons. Or just resigned.
EdC5
(Florida)

Posts:63


10/29/2018 9:08 AM  
I never said that a delinquency list was not run; I said one was not run for the board (i.e., an official record). I ran one as a worksheet to apply late fees, do ITLs, etc. Since I worked directly for the association it was a bit different than the typical MC that is contracted ... in those cases everything runs through the board; in my case it didn't. I had wide latitude as manager.

Edward J Cooke, CMCA, LCAM
GenoS
(Florida)

Posts:2518


10/30/2018 1:58 PM  
Posted By JenniferG11 on 10/28/2018 3:42 PM
That is close to a question I had before. In Texas, we may not see these things, so how can we ensure that someone running for the board is not delinquent? Or presently on the board? Apparently we have to rely on the BOD members to police each other.

But as far as explaining if that happened, they could just ask the person to resign, and then not give a reason. Resigned for personal reasons. Or just resigned.

That would be the best way. Unfortunately, that director has continued to attend board meetings, sit with the board, and vote. The rest of the board has a see no evil, hear no evil, speak no evil attitude. It would be really nice to have some HOA police.
NigelB
(Texas)

Posts:251


10/30/2018 2:08 PM  
Posted By JenniferG11 on 10/28/2018 3:42 PM
Posted By GenoS on 10/28/2018 11:08 AM
In a Florida HOA under FS 720 a director is "deemed to have abandoned his or her seat" on the board if he or she becomes more than 90 days delinquent in paying any monetary obligation. One of our directors left on an extended vacation in May and a payment that was due on May 31 went unpaid until late September. FS 720.306(9)(b) is clear. He abandoned his seat on the board as of August 30.

How on earth are associations to make that determination in order to follow the law if nobody ever knows who's behind on their obligations? You've got to explain his disappearance from the board sooner or later.




That is close to a question I had before. In Texas, we may not see these things, so how can we ensure that someone running for the board is not delinquent? Or presently on the board? Apparently we have to rely on the BOD members to police each other.

But as far as explaining if that happened, they could just ask the person to resign, and then not give a reason. Resigned for personal reasons. Or just resigned.



We actually have that situation right now. Three positions are up for election, there are 7 candidates, one of whom is delinquent. If the governing docs specified that a board member must be in good standing, and defines good standing as being current in assessments, then we could do something. But unfortunately the governing docs do not address that matter. It can't be brought up by the current board who have that knowledge either (well perhaps it could, but who wants to take the risk of being sued for a financial privacy rights violation).
GeorgeS21
(Florida)

Posts:796


10/30/2018 2:18 PM  
If a candidate for the BoD is delinquent, that fact should be made known during the election.
NigelB
(Texas)

Posts:251


10/30/2018 2:32 PM  
Posted By GeorgeS21 on 10/30/2018 2:18 PM
If a candidate for the BoD is delinquent, that fact should be made known during the election.



Well it should, but in Texas it is confidential information. Section 209 of the Texas Property Code governs and you cannot even prevent an individual who is delinquent from running for a position on the board. It specifically states

209.00591. BOARD MEMBERSHIP. (a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void.

Delinquency is not provided for in the section.

GeorgeS21
(Florida)

Posts:796


10/30/2018 2:40 PM  
Sure ...but anyone can tell everyone that the candidate owes them money - I am assuming people would NOT vote for someone owning them money.
GenoS
(Florida)

Posts:2518


10/30/2018 2:53 PM  
Posted By NigelB on 10/30/2018 2:08 PM
We actually have that situation right now. Three positions are up for election, there are 7 candidates, one of whom is delinquent. If the governing docs specified that a board member must be in good standing, and defines good standing as being current in assessments, then we could do something. But unfortunately the governing docs do not address that matter. It can't be brought up by the current board who have that knowledge either (well perhaps it could, but who wants to take the risk of being sued for a financial privacy rights violation).

A sticky wicket. Florida statutes say anyone who's delinquent on the last day for nominations may not appear on the ballot. That's the case for every HOA and condo regardless of what the governing documents say.
JenniferG11
(Texas)

Posts:530


10/31/2018 3:22 PM  
Posted By NigelB on 10/30/2018 2:32 PM
Posted By GeorgeS21 on 10/30/2018 2:18 PM
If a candidate for the BoD is delinquent, that fact should be made known during the election.



Well it should, but in Texas it is confidential information. Section 209 of the Texas Property Code governs and you cannot even prevent an individual who is delinquent from running for a position on the board. It specifically states

209.00591. BOARD MEMBERSHIP. (a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void.

Delinquency is not provided for in the section.





Only for HOAs. Condos may still have rules regarding being in good standing in Texas. If it's in the docs.
GeorgeS21
(Florida)

Posts:796


10/31/2018 3:47 PM  
But, another of the candidates who knows the delinquent can note that without sourcing.
JenniferG11
(Texas)

Posts:530


10/31/2018 4:11 PM  
Posted By GeorgeS21 on 10/31/2018 3:47 PM
But, another of the candidates who knows the delinquent can note that without sourcing.




If they care. To me, that is problematic but I don't see where the law allows otherwise. (In Texas, anyway).
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