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Posted By MarieL on 04/26/2012 6:14 AM
Every month our HOA pulishes and circulates a treasurer's report,listing all the HO's by name. . It shows if the HO is current or delinquent in their assessments. Can the BOD publish and circulate this information or is in conflict with The Federal Act 804 (2). The Fair Debts Collection Act?
Need to mention, I am not one of the delinquents. For 37 years my assessments have always been paid on time. Never delinquent or even 1 day late!
I am of the opinion that I have a contractual relationship with every other property owner in my association and that this relationship allows me to know who is not performing their part. I have no reasonable expectation that my performance - or lack thereof - of my obligations will be kept secret from other owners.
There are, however, some states with statutes that allow the deadbeat owners to keep their nonperformance secret from the rest of the members.
In my state the statutes prohibit the association from releasing "personal financial information" without defining what that term means. I interpret it to mean that the association cannot reveal the credit card number or checking account number used to make the payments, but can reveal whether or not payment was received from an owner.
As Brian pointed out above, the federal debt collection act applies only to third-party debt collectors.
The fact that the payment status of all homeowners is made available to members every month should kill the argument that this is harassment. It's just a report of the facts.