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NickK (Florida)
Posts: 30
Posted:
Is it best to limit violation hearings to the board and committees and refrain from posting committee reports, with the monthly meeting minutes on the HOA website?
Many things come up during violation hearings, i.e. homeowners who fail to pay assessments and homeowners who have liens filed against them.

Thanks for any responses.
hoatalk (California)
Posts: 603
Posted:
If the minutes have information on individual homeowner's payment status, I'd say it's a bad idea to post on the website. See this topic:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/11464/view/topic/Default.aspx
Topic is "Posting Delinquent Homeownwers"

Here's one of our replies to it:
-------------------------------------
I did a quick Google search and Brian's point is relevant to the Fair Debt Collection Practices Act.

Have a look at a summary here:
http://www.chamberofcommerce.com/Public/index.cfm?objectid=CA5BAEEA-1422-74FF-329949F4AB06A117

Assuming this website is correct, it says:
"... your rights under the Fair Debt Collection Practices Act.

What debts are covered?
Personal, family, and household debts are covered under the Act. "

"What types of debt collection practices are prohibited?
...debt collectors may not: publish a list of consumers who refuse to pay their debts (except to a credit bureau);"

This is why Boards must be very careful and get competent legal advice when dealing with collections. There is a labyrinth of laws and they favor, guess who? ... the debtor, not the collector. The Fair Debt Collection Practices Act is a federal law and of course the states have their own additions. This is a good reason to turn collections over to a good collection company, management company or attorney.

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