Delinquency and publication of names

I am on the association board. In the past, the board published the names of those who have not paid dues. I now realize that was a serious error in violation of the Federal statutes on Fair Debt Collection. My question is, how do we remove this stain on our history so that we avoid any chance of getting sued? At this time, no one is threatening a suit, because I am the only person who is aware of the fault. Is there a statue of limitations--if so, how many years? We stopped publishing names about 2 years ago.

I ask because before we take any action against delinquent owners -- even a certified letter -- I want to be sure we cannot be sued. I'd rather manage without some dues than take a risk.

First off, anyone can sue for anything at any time. Don't waste your time worrying about it. If I didn't get threatened be sued atleast once a month I wasn't doing my job. Learn to say: "If you want to sue then that is your right, please send us the paperwork when you do. We will be waiting". Then wait. If they do follow through, then counter-sue. It's cheaper and let them do the work. Plus the fact that suing your HOA is suing yourself and your neighbors. Tends to have people back off on the threat.

Secondly, it is a heated debate on here about revealing people who owes publishing their names. I am against it. It's NOT to say the membership has no right to that information. It's just when it comes to the individual and the HOA that should be kept private except for the action the HOA is taking/spending on collecting. If your association is NOT taking action, that is a problem. It isn't if your HOA has an established collections policy in place and pursues debt on a regular basis. We had a policy of 6 months behind we liened your behind. That way the ones with financial issues could make arrangements and those who want to protest/avoid paying got what they deserved. No need to publish anyone's names if everyone knew we had a policy and we followed through with it.

I think publishing people's names isn't shameful as much as it sets people up for vigilantism. Which is the biggest concern when it comes to revealing names of debtors. What if you had to go into the hospital for hemmroid surgery and couldn't pay your dues for 2 months until you got back to work? Do you want your name on the list and then have to be "accountable" to explain you had a personal and private surgery? I think not.

So just stop revealing names and go by lot numbers alone when discussing. That is what we did. If someone wants to figure that out then let them. Not the HOA providing the information. Just let the membership know the collection rate and that action is being taken on who hasn't paid. That should be enough information for anybody. If it isn't then they are just a busybody with nothing better to do.

Welcome to the Forum, Ruth. I agree with Melissa & Sheila and we don't publish the names either. To see the numerous debates on this topic see Forum Search.

And I agree that you shouldn't worry, this long after the fact, that someone's going to sue you for publishing their name. It's your board's obligation to try your best to collect dues, so send those certified letters. If one is somehow in error, you might get an angry phone call--but no one's gonna sue you about it!

I can jump off a 10 story building with a parachute doesn't mean it needs to be done or should. Each HOA is different. However, I have never seen the benefits of publishing anyone's name to all the members. It doesn't help any at all except make the person more upset. That's when you get those "threats of lawsuit". I say it's always best to keep the debt owed between the board/MC and that specific member. What the board is doing to collect the debt and collection rate is open game. I told people we had 5 non-payers, 3 with liens, and the rest were paid up. That's all anyone needed to know. Any more than that is just for your own benefit.

Like I always say. The budget of a HOA is like leaving your checkbook on the table for your whole family to see and spend from. How would you like to announce to the family your spouse didn't pay the credit card this month? Would that just bring the best harmony and peace in the world? I think not...Discretion is key to a happy family...

Mel

Do you agree that an association could publish if they desire to..salt or no salt?

The statute you refer to applies only to third-party debt collectors. Your association is not subject to its limitations. Relax.

Sorry, Recorder of Deeds.

Not obsessed Melissa. I'm on the board and know the names. Many on here believe that others knowing the names sort of guilts those that owe - to pay. Also if everyone knows the names, and they're found to be in the pool, they could question why they're there, even though their pool card was de-activated. Always helpful to everyone to know the reason for the special assessments is because of those who choose not to pay. Information is a beautiful thing.