Thanks to all who replied

Started by CarolH2 • 11 replies • 1300 views

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CarolH2 (Georgia)
Posts: 33

Posted:

Well I would like to say thanks to all who replied to my "question".

I am not sure how we are going to handle the problem. As a new neighborhood all of the board members are very inexperienced and only did what we were advised to do by a management company. We no longer have that management company. Putting names in a newsletter was done only in the year 2007 because the neighborhood can not pay its bills since we have more than $40,000.00 in delinquent dues and there are only 177 homes in the neighborhood. I guess I am having an issue with why it is suddenly an issue now. It was a different board that chose to do this. It was not put out to anyone outside of the neighborhood to see. If I did not pay my mortgage my name would be in a newspaper for the town to see?!?!?!

Forgive me it is just very frustrating to the board that we are trying to do the right thing and for some reasons all the laws seem to protect the “deadbeats”

Oh well
Thank you!!!!

MicheleD (Kentucky)
Posts: 4,491

Posted:

Carol, I feel your pain.

We had some rough moments during the early years after the change-over from the developer.

For what it's worth, our developer ALWAYS listed each lot, deed owner and payment status in an annual letter to us. It was part of the financial information. So if a homeowner was in arrears, that was reflected.

Some might call it a "letter," others might call it a "newsletter." But the point is, everyone who was a member received the information.

That is private communication with members of the organization, it was not "published" in a public instrument.

Over the years we tried to be "sensitive" to some issues, and only presented the names, lots and $$ of the people who PAID, and let people know if you were NOT on the list, to please pay before XX date or risk a lien.

That was too confusing to people. They thought that if their name was listed, it meant they HADN'T paid.

So then we just went back to the way the developer did it years ago.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Don't spend time on this issue. If the attorney tries to sue, he will have to show "damages" to his client. He is diverting the real issue with an emotional threat. Besides, the new board has stopped the practice.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Carol H,

I think the member is using the same tactic many board use -- send a letter from an attorney to get the person's attention. The board can do one of two things: just ignore the threat or perhaps send a letter to the member. Explain that the current board no longer publishes delinquent members's names because they consider that info to be confidential and they are sorry for any embarrassment the past board's actions may have caused this person. This might really be all this person wants -- an apology.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Mary,

Good advice as an apology can go a long way. However, the clause "because they consider that info to be confidential" isn't helpful or necessary, IMO.

GlenL (Ohio)
Posts: 5,491

Posted:

Carol if you do decide to send a letter as Mary has suggested, have it checked by the HOA's attorney or better yet turn the whole thing over to him/her to respond. One wrong word or phrase can come back to bite you in the butt so fast it'll make your head spin. While if it was just the delinquent owner complaining you could maybe get by with a simple apology and explanation, once attorneys are involved all bets are off.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

Do NOT write a letter of apology!! By saying you are sorry, you are feeding in to the accusation. You are, in effect, confirming the charge.

Wait and see. Take no action.

The burden of proof and the first action is THEIR's to make.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By SusanW1 on 09/25/2008 4:06 PM
Do NOT write a letter of apology!! By saying you are sorry, you are feeding in to the accusation. You are, in effect, confirming the charge.

Wait and see. Take no action.

The burden of proof and the first action is THEIR's to make.

Totally support that recommendation.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Well, I went back and read the original thread. I was thinking the owner had threatened to contact an attorney when in fact the owner's attorney has threatened legal action. With that in mind, I agree the board should consult an attorney b/4 sending a response to the owner. In fact, I would agree to not responding at all unless the attorney's letter put a time limit on the threat. The OP did not mention exactly what was said in the attorney's letter, only that a threat was made to take legal action.

KirkW1 (Texas)
Posts: 1,665

Posted:

I would pay the attorney to contact the owner's attorney and talk about the situation and see if negotiation is possible. There is more then a good chance that you can settle the dispute for less then it would cost to fight the dispute. If so, then you should ask if being right is worth the cost. (And if it is worth the risk of being found wrong.)

SusanW1 (Michigan)
Posts: 5,202

Posted:

An attorney THREATENING action is not filing a suit (which any judge would throw out - ye gads, these kind of cases are why our court system is in such a backed-up mess)

Do NOT do ANYTHING!!

Take no action unless you are legally served.

My favorite standard saying applies: "You Don't Have To Answer EVERY barking dog!!!"

MaryA1 (Arizona)
Posts: 7,043

Posted:

I love your favorite saying, Susan! LOL

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