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Subject: Delinquency publication
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Author Messages
PeterG7
(Florida)

Posts:2


07/13/2021 9:09 AM  
Can a BOD pass a motion and notify residents that owners who are delinquent in paying assessed fees will be publicly identified? Most specifically, this is with respect to an HOA in Florida.
JohnC46
(South Carolina)

Posts:11667


07/13/2021 10:58 AM  
Posted By PeterG7 on 07/13/2021 9:09 AM
Can a BOD pass a motion and notify residents that owners who are delinquent in paying assessed fees will be publicly identified? Most specifically, this is with respect to an HOA in Florida.



This is called Public Shaming of which I am personally in favor of.
SheliaH
(Indiana)

Posts:4297


07/13/2021 12:35 PM  
I get John's point, but I'm NOT in favor of public shaming because I haven't see where it's effective. This might work in smaller communities, but we live in a society where everyone wants to get out of doing the right thing for whatever reason, and if they can't, they drag the thing out as long as possible. If people knew, the best they could do is shun the deadbeats and/or give them the stinkeye, but that doesn't lead to the association collecting what it's owed, so what's the point?

Having dealt with delinquencies for half of the 10 years I was on the board, the main thing I suggest is to develop a clear collection policy, tell the homeowners what it is, and follow it. Don't let delinquencies drag on, because the longer you wait to pull the trigger, the more difficult it will be to ever collect anything. Homeowners should understand they have a legal obligation to pay and what happens when they don't. It's not just a matter of them risking lawsuits, reimbursing the association for court costs and attorney's fees, late fees, getting voting rights suspended (usually applicable to Board elections), or losing privileges, such as being able to use the community pool. It's extremely unfair for others who pay on time to indirectly subsidize those who don't, and you have to do what most businesses do when they don't get paid in full and on time.

For the homeowners who are having financial difficulties due to job loss, major medical illness, and the like, you can work with them, but the deadbeats are another matter (and you should know who's who.)
CathyA3
(Ohio)

Posts:2607


07/13/2021 12:37 PM  
Even if it's allowed by state law, I don't like it.

I think it lowers the tone of neighborhood interactions (and lord knows our public discourse could use some elevating thse days).

The other issue I have is that "delinquency" lumps the willful deadbeats in with those who are on the verge of bankruptcy from, for instance, crippling medical debt.

Personally I'd rather let any number of scofflaws maintain their anonymity if it protects one homeowner who's already been dealt a lousy hand by fate and doesn't need their neighbors piling on.
AugustinD


Posts:1937


07/13/2021 12:49 PM  
When public shaming is used as a tool by HOAs against delinquent members, and partly because of timing, the risk of defamation is high. I think public shaming by HOAs is an extraordinarily stupid move.

PeterG7, yup, it's legal under Florida statutes. But competent HOA attorneys say do not do it. You can consider asking your HOA's board to consult an attorney on this. Or you could warn the board that it is taking on a lot of risk by publishing delinquencies.
JanineR
(Tennessee)

Posts:219


07/13/2021 2:47 PM  
In my state/condo, liens for nonpayment of fines or assessments attach automatically and without notice.
Those are then public record.
That is very scary for myself as an owner, but on the flip-side a good tool for an Association to get fees paid.

A letter with the words "late fees" "opening your property to lien" in it will likely get that payment going faster than naming and shaming.

I do not have Florida experience.
TimB4
(Tennessee)

Posts:17856


07/13/2021 2:59 PM  
Posted By SheliaH on 07/13/2021 12:35 PM

I get John's point, but I'm NOT in favor of public shaming because I haven't see where it's effective.




ditto
KerryL1
(California)

Posts:8734


07/13/2021 3:38 PM  
I also think it's bad policy. It'd e too easy to make a mistake or have an owner pay two minutes after the publication of their name. I agree, then with Augustin; dean nation could be a consequence. Why risk it when the efficacy isn't even verified?
BobD4
(up north)

Posts:957


07/13/2021 4:24 PM  
Posted By KerryL1 It's too easy to make a mistake . . .




Yes, botching the list can be "effective"

Despite early hand-delivering our full POA contribution one year, we were disturbed to see our own names conspicuously omitted from later-circulated list of PAID-UPS seen by all co-owners. That's in a somewhat tightly knit POA community after years of condo & rental management.

Merely provided photocopies immediately, low key. Never got any sorta apology nor explanation.

BOTH aspects were "effective" reminders that volunteer organizations are generally UNFIT to exercise any sorta credible governance comparable to public bodies.
KerryL1
(California)

Posts:8734


07/13/2021 4:37 PM  
as happens too often, phase excuse my typos, I meant to write "defamation."
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