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Forclosed homeonwer asking for personal details of Board. Was I correct in directing him back to managment?

Started by FionaC14 replies • 1344 views

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FionaC (California)
Posts: 212
Posted:
I am almost fearful to post here as I am a novice. I have seen some of the other posts and I truly don't know what to do.

One of our neighbors lost his home due to foreclosure. I know first hand he is and was behind ALOT on his dues. His home is now under the banks ownership. Tonight I got an email from him asking if I could give him the email of the HOA President etc. as he wanted to speak to her directly about being "sued" by the HOA for back dues.

I informed him I will not give the the contact info, as I do sympathize but this sort of interaction should be done via management company. I explained since it is of legal nature it should be put in writing and certified if he had concerns.

The past owner actually thinks because he "was told" by the HOA President that all legal fee's will be waived from his account and since he doesn't own the property anymore it's "not his issue". I explained it is, they garnish wages and the HOA collection policy that we all have clearly outlines this. Just because he lost the home, the debt is not forgiven unless there is a pending BK nothing can be done about the debt and the HOA will sue.

Was this the correct thing to advise? I can't imagine getting an email from a past owner asking for me to answer the issues of a pending suit. Hard to imagine being so naive, but pushing him toward the company was the correct thing? managment
TimB4 (Tennessee)
Posts: 21,059
Posted:
Fiona,

Whenever legal action is happening or pending or even being considered, doing things in writing is the proper way of doing things. This protects all parties in by having a record of what was communicated.

You may want to contact the President and let them know your neighbor was trying to get in contact with them.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Fiona,

Please don't be fearful to post here. The negative people will not shut down those of us who really want to help out.

You were absolutely correct in not giving out an email address to anyone unless it has been okayed by the address holder. If it is posted someplace within the HOA, then let the guy in foreclosure find it thru proper searching.

This H.O. is asking you for information that only the HOA attorney or the lender should be answering. Where was he with all of these questions during the time that he did not pay his dues or when the Board first started in the lein process. "He was told by the HOA President"? Hearsay or not putting this in writting is where he is just hurting himself without having documentation of the steps he took or did not take to solve his issues long before he got himself this far into legal problems.

My best advice to you is to stay out of this before he gets to a point where he summons you to court to vouch for statements that he may or may not have made. Send him to the M.C.

JonD1
Posts: 2,350
Posted:
Are you a member of the Board? If not why would they have approached you?

I would echo Donna's advice not to involve yourself in this. I t could get messy and you don't want to be in the middle.

It is not up to you to explain the property's policy on collections or the legal considerations. You should not being speaking for the Board in this sort of matter.

And NO you should not provide them with the President's e-mail address.

You might not want this person now suggesting YOU told them this or that and how things work. Stay out of it.

And Happy New Year....

LawrenceC1 (Georgia)
Posts: 480
Posted:
Fiona,

I support Donna and Jon in recommending that you don't get involved in a situation where you have no responsibility. However, I am puzzled that the President of the HOA doesn't provide his or her e-mail address to all members. It is always a good idea for the Board to make themselves available to members. As Tim said, you should let the President know about this so that the President can reach out and handle the situation while keeping you out of it.
JonD1
Posts: 2,350
Posted:
Lawernce:

We do not provide personal e-mail addresses of Board members to owners. Our feeling that is the role of the MC we pay to act as contact person between the Board and homeowners.

There is no doubt some people would abuse that information.

I don't wish to have 130+ owners using my e-mail to report burnt out lightbulbs, landscaping issues, garbage issues or whatever they deem needs to addressed ASAP.

To be honest there are owners I do NOT wish to hear form either in person, by phone or through e-mail. And as the Board President that works for me.

If the President's e-mail is not public knowledge more than likely there is a good reason for it. Would you want someone whoi has been foreclosed on contacting you at home? I would not.

Happy New Year.

LawrenceC1 (Georgia)
Posts: 480
Posted:
Jon,

Maybe because we are a smaller community of only 80 homes we may not face some of the problems that you are seeing. We maintain generic e-mail addresses (such as "President at OurWebsite.com") for all board members, officers, and committee chairpersons. We find that open communication is the best way for us to deal with problems promptly and to foster a sense of community. So far it hasn't been a problem and seems to be working well.
KellyM3 (North Carolina)
Posts: 2,239
Posted:

If you've got a property manager, send your affected homeowner to the property manager and get out of the way. The property manager's job is to facilitate professional and official communication and collect handsome fees to do so.

Welcome to the boards!
FionaC (California)
Posts: 212
Posted:
I WAS on the board last year, and I know personally about his his issues. Is was a nice neighbor and in turn he had my email. I do not know why he approached me is even asked but there is your answer. I have the boards emails, cells etc.. that is why.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Fiona,

Unless this person is your BFF,(and even then I would not give the address out) I would absolutely not get involved. If he does not have that email address and the address is not posted for the membership to have, then why would you want to open yourself up to angering the Board President because you gave out a private email. As we are all saying, turn it over to the P.M and keep clean out of this. And thanks for not shying away or abandoning us.
FionaC (California)
Posts: 212
Posted:
Oh thank you for having me here. I did take your advice everyone. I did actually email the PM and the board together and update them on this request. and also indicate that he is attempting to get ahold of individuals to "talk to them " about his debts.

I do know what some of our docs papers fro the atty say. They indicate that all commnication must go through them..... Some peeps think they are special and it doesnt' apply to them.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Fiona,

Ha, Ha! Every HOA has some of them. The world is full of "special" people.
BB5 (Missouri)
Posts: 145
Posted:
This is /is not exactly the same as the question on the post but if a HO should not give out e-mail addresses of board members why is it okay for the board to pass out a roster with everyone's info. without asking permission? (we have an unlisted phone) and yes there are some we would prefer not to have unsolicited contact with.
DonnaS (Tennessee)
Posts: 5,671
Posted:

BB5,

I would say that your Board did a disservice to you by publishing your phone number without permission. Is it already passed out to the membership or can it be removed? Did they put it in a booklet or something similar? Definitely inform them that the number is unlisted for a reason and that they may not publish in the future. It was poor administration on the Boards part but the mistake cannot be undone.
TimB4 (Tennessee)
Posts: 21,059
Posted:
BB5,

Typically State laws require that an Association make their membership lists available to any other member who asks for it. Because of those laws and the concern over privacy, my Association only maintains a list of names and mailing addresses. We do not maintain e-mail addresses or phone numbers because if we did it is possible that we would have to release that information under the law.

Tim

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