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Subject: HOA handing out list of who hasnt paid dues
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Author Messages
RobertH39
(Florida)

Posts:6


03/18/2019 3:59 PM  
In Florida can the treasurer hand out lists of names of members who have not paid their dues yet? I thought Fl statute 559.72 made this illegal?
SteveM9
(Massachusetts)

Posts:3231


03/18/2019 5:18 PM  
Yep, list of names. Against the law.

You would have to hire a lawyer, probably take a year or two and court to solve it. You would win. The court would award you at least $1000, and lawyer fees. The HOA would use your money that you paid in, to pay for all those expenses, including their own lawyer and then likely raise dues to pay for that expense.

Soooooo......
GenoS
(Florida)

Posts:2907


03/18/2019 5:46 PM  
Publishing a "deadbeat list" is against FS 559.72. That's why a list of members who are delinquent in their assessments should not be distributed, displayed in public or just handed out. On the other hand, FS 720 says a member's payment history is an official record of the association. All homeowners are members of the corporation and do have a legitimate business reason to know who's paying and who's not.

If a homeowner makes an official records request for that information we have to provide it. But that's not the same thing as handing out copies of a list or displaying it in public view which could be seen as an attempt to damage the late-payer's reputation.

At board meetings where deliquent accounts are discussed, board members are very circumspect about revealing too much and generally refer to the properties in question by lot numbers. It's trivial to convert a lot number to someone's name but, perhaps not surprisingly, most people seem incapable of making the connection.
RobertH39
(Florida)

Posts:6


03/19/2019 5:28 PM  
If I had 10 lots would the fine of $1000 be per lot the treasurer listed or $1000 all?
RichardP13
(California)

Posts:3534


03/19/2019 9:55 PM  
I would think that would be handled in Small Claims Court. In California, you can file a case alleging $10,000.00, but the maximum allowed against a Corporation is $5000.00.

If, and I am only guessing, if you were the one owning 10 lots and all were delinquent, why would you post that information. If you were the person, I would say you need to do some research on your own.


Been there, Done that
GenoS
(Florida)

Posts:2907


03/20/2019 2:28 AM  
Posted By RobertH39 on 03/19/2019 5:28 PM
If I had 10 lots would the fine of $1000 be per lot the treasurer listed or $1000 all?

What fine? I thought the subject was a list of members who were late paying their assessments.
MelissaP1
(Alabama)

Posts:8090


03/20/2019 4:42 AM  
I think he thinks that he can fine the HOA for posting the names? If that is allowed. However, I am not sure what it means to hand out a list of people who haven't paid dues? That's kind of a wide open statement. Technically in our HOA ONLY the board can see the actual collection list. We just give a general 100 of 107 owners are up to date while the other 7 are in process of collections. (I.e. lien/foreclosure/notice). We don't give out names but just reference Lot #'s of those people who owe. Doesn't take a genius to figure out the name/address of the people.

However, (I don't like it personally) there is nothing that says that someone who puts in a request to see the collection list can be denied. It's not "handed out". If it is requested then they can indeed view that list. It doesn't have names on it and just Lot numbers for us on that list. Other HOA's may put more information on their collection reports.

So I don't see it as "illegal" for someone to view this list. Other HOA's use it as a "shame list". I just want to note when it comes to collections... The Board is responsible for collecting the money NOT the individual owner. An owner should be more concerned their board doesn't have a process/rule of collection than what is owed. Our HOA is a 6 month lien/1 year CONSIDER foreclosure. So if you want to see who owes money and they are only 3 months behind, then you can't jump to conclusions or take matters into your own hands.

Former HOA President
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Forums > Homeowner Association > HOA Discussions > HOA handing out list of who hasnt paid dues



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