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StephenP4 (Colorado)
Posts: 3
Posted:
Our HOA currently disqualifies homeowners who are delinquent in paying assessments & fines from voting at the annual meeting. I like that. My question is: Is it a violation of privacy rights to publish a delinquent list in the news letter? Can a homeowner request a list of delinquents? Thanx.
HaroldS (Arizona)
Posts: 906
Posted:
Does your documents specify not allowing voting if delinquent? Or is this a board policy? Some feel that if voting on something that the CC&Rs requiire a percent of approval, that it must include all members.
Do a search here for "privacy" or "listing delinquent accounts". There has been a lot of discussion here on this subject. Most agree it is not a good idea. Harold
PaulM (Pennsylvania)
Posts: 1,347
Posted:
StephenP4: Other than being assured that the Board is following the official documents in receiving outstanding dues payments, I'm not sure why a homeowner would want to request a list of delinquents.

It is the Board's role to enforce the covenants which includes timely payments of dues owed from all members. To want specifics, names, IMHO, is not necessary and you may be treading on unsafe territory here.
BradP (Kansas)
Posts: 2,640
Posted:
Stephen:

Bad idea to publish, if you ever go down that route you better triple check to make sure there are no mistakes.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why don't you publish a list of MEMBERS qualified to vote?

Anyone whose name is NOT on the list, is not a "member."

By the way, be sure the bylaws give the Board power to disqualify members from voting just because their dues or assessments are not up to date. It goes against parliamentary procedures, if it is not stated in the bylaws. Voting is a primary right of any member of an organization.
MikeS1
Posts: 668
Posted:
There have been many other postings placed on this site about this subject and it seems that although there is gray area here, the attorneys will generally tell you that it's not a good idea to publish or discuss delinquincies openly with other members unless there is a lien filed, in which case it's public record at that point.
hoatalk (California)
Posts: 599
Posted:
One of our most viewed topics of all time was , "Is it legal for the HOA to post members that are delinquent on their dues on a public web-site"

You will find many answers there. You can easily find the topic by clicking the Views link in our forum header 2 times. The 2nd click will sort in descending order with the most viewed topics 1st.

Enjoy the read :-)
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MicheleD (Kentucky)
Posts: 4,491
Posted:
Our governing documents require that all members who vote be members "in good standing." Then they define good standing as being current on assessments and not having any outstanding (uncorrected) violations as of the date of the notice of the vote. They also specify that we are only required to notice members in good standing of any vote, including election of board members or any other vote as may be required or noticed to the members, including any votes to amend the CC&Rs. It doesn't say we can't send the notice of vote to members not in good standing, but we are only required to send to those who are. We usually send to everyone anyway. Those who haven't paid or aren't in compliance with CC&Rs usually don't attend to vote anyway. We also make sure to include the CC&R that specifies "only members in good standing as of date of this notice may vote on the enclosed action."

The only members required to know which members are or are not in good standing are the board members and officers.

To be honest, we've never had a request for list of voting status of members, so I don't know how we would necessarily respond to a request such as that.

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