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MikeW13 (Florida)
Posts: 10
Posted:
How does your board meeting review the status of who has paid or who has not paid the required assessments?

Currently, our treasurer simply presents status of the liens, and then just an amount of outstanding assessments that have yet to be received. For the board meeting, we do not generate lists of names and address of who has paid and who has not. We let the treasurer manage the details and just report out a high level summary.

Do most board meetings take just a general overview of the subject - or does anyone take a deep dive at the board meeting to review specifically all the properties that have paid and who haven't paid?

Another way to put the question: to what degree should a board review the status of outstanding assessments? I am looking for a best practice recommendation concerning this.

thanks
mike

MelissaP1 (Alabama)
Posts: 13,836
Posted:
We only discussed the people who owed by lot numbers and not names. It would include the status of lien or action we were taking on that lot. We would just reveal the overall collection amount of that month and then move on to the expenses. It leads to vigilantism if you reveal the names of individuals even though a person savvy enough could figure it out.

I established a lien policy in our HOA. 6 months of unpaid assessments we would place a lien on the property. This policy helped alot. It put in place a way for any of those behind in dues to make payment arrangements and identify those who won't pay. When it came to collections then we would state that we have placed a lien on Lot #X because they have met the 6 months mark. Later after a year we would then talk about foreclosure. However, that really depends on the situation if we started foreclosure proceedures. If the bank was already foreclosing we wouldn't do it. The HOA basically does the work of the bank if they do foreclose on a property so never foreclose on a property if it's in danger of the bank foreclosing. Just make sure to have the lien in place.

Your method is good one. That is similar to what we did. As long as the membership understood we were taking actions and the cost of those actions, that should be enough. The names should be irrelevant. That's just personal.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
This is what we do.

The monthly treasurer's report, which is an attachment to the minutes, mentions how many lots are behind as of the 1st of the month:

30 days - x lots
60 days - x lots
90 days - x lots
120 days - x lots
legal action - x lots

To decide legal action, the Board will meet in executive session and discuss the issue.
Other than in executive session itself, the minutes never identify a lot number or owner of delinquent accounts.
MikeW13 (Florida)
Posts: 10
Posted:
thanks for the quick thoughtful and complete response.
RayM6 (Virginia)
Posts: 40
Posted:
Quote:
Posted By TimB4 on 03/06/2013 10:28 AM
This is what we do.

The monthly treasurer's report, which is an attachment to the minutes, mentions how many lots are behind as of the 1st of the month:

30 days - x lots
60 days - x lots
90 days - x lots
120 days - x lots
legal action - x lots

To decide legal action, the Board will meet in executive session and discuss the issue.
Other than in executive session itself, the minutes never identify a lot number or owner of delinquent accounts.

We also handle our meetings this way, FWIW
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Ray

Understand there are some of us that say as we fellow owners entered into a contract/burden we all share, it is onlt fair we are told who is behind and how much rather then hide them.

Some call it public shaming and are against it. Some of us are not.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JohnC46 on 03/06/2013 3:17 PM
Ray

Understand there are some of us that say as we fellow owners entered into a contract/burden we all share, it is onlt fair we are told who is behind and how much rather then hide them.

Some call it public shaming and are against it. Some of us are not.


John,

I am one of those who take the position that as a party to a contract I should be entitled to know who is not holding up their end of the deal.

But I think it is one thing for the association to provide this information if a member requests it and another thing for the association to volunteer names and addresses of late payers at an open meeting. The last few years have been tough on many of us and being held up to the ridicule and scorn of the neighbors does little to help the situation.

The format that Tim suggested is a good way of handling the distribution of information at a meeting open to members. Those members who want details can ask for them and the association should provide it outside of the meeting.
DavidW5 (North Carolina)
Posts: 565
Posted:
In our association three board members, on a rotating basis, serve as the Delinquency Review Board (DRB). The DRB meets monthly in executive session to discuss specific owner delinquencies, decide on collection efforts, and negotiate repayment schedules with delinquent owners. This has taken the place of automatically referring delinquencies over 60 days to the association attorney for action. This has greatly reduced our legal expenses and has also resulted in a dramatic reduction in total delinquencies.

As others have indicated here - at regular board meetings and in the monthly financial report that is posted on our website we show only the number of owners delinquent 30 days, 60 days, 90 days and over 90 days as well as the total dollar amount delinquent.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You also have to put into perspective the accounting software. Some like ours would often show balances on everyone's accounts. I often had $10 - 30 balance on my account even though I was up to date. Our dues were $50 a month so these odd balances did not quite make sense. It was a $20 late charge which we had as well. We had to pay by the 15th. Sometimes the bookkeeper picked up the checks late if it was on a weekend or recouncilled them later. Which often lead to a few people with just a late charge showing up. If you rented the clubhouse which was $15, that would show up on your account for a cycle.

So the fact that about 95% of the people showed a balance often not reflective of the truth, you really had to know how to read the collections report. Often you could read it and look like someone hadn't paid for a long time but it may have been because the accountant had not changed over to the new client. It would not be fair to let people know about the balances of accounts because they could not put it into perspective. I honestly don't know why some accounts had balances at times with owners I knew had automatic withdraws set up. Luckily, I did take accounting and could sort through the report properly. The thought of ever having to send out individual notices to individuals to pay such small amounts would have put me over the edge...

That is another reason why amounts owed were kept close to the vest. No one could do anything anyways even if they had the name of the person. They would go to jail or be sued for harassement to shame a person who owed money. Each owner is different and has their own reasons. It's best to keep that on an individual level.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
We've always discussed delinquencies at the meeting (no names - account numbers only) because previous presidents said it made for better transparency and since most homeowners don't attend or leave after the resident's forum (long before the treasurer's report) it's like we're in executive session anyway.

We have to make a formal motion and vote on any action that will cost the Association money (e.g. file a lien), so as treasurer, I make those recommendations at the meeting. We may discuss them a bit, take the vote and that's that. Although I manage the details, the board is always informed of what's going on because someone will have to take this over someday (the end of next year specifically!) and that way they can remain consistent.

If you prefer to discuss this only in executive session, that's a good idea, also - you might want to schedule this at a certain time in the meeting, so if anyone else is at the meeting you can cannounce the Board is going into general session and why and they need to leave. I know others on this board would like to know names and addresses of who hasn't paid, but I've always felt that usually won't lead to the Association getting its money.

Once upon a time, most people were shamed into doing the right thing because it wasn't cool to be a deadbeat, but today, everyone seems to love the idea of getting something for nothing, even if it hurts a lot of people. If revealing the names of delinquent homeowners would get the Association its money, I'd say bring it on, but I haven't heard of any association where they named names and got anything.

Then, we have the people who got into financial difficulty because of job loss, major medical illness, etc. - they're already scared and embarrased about their situation, so why complicate matters by splashing their name all over the community - especially if they're making an effort to bring the account current?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RayM6 (Virginia)
Posts: 40
Posted:
Quote:
Posted By JohnC46 on 03/06/2013 3:17 PM
Ray

Understand there are some of us that say as we fellow owners entered into a contract/burden we all share, it is onlt fair we are told who is behind and how much rather then hide them.

Some call it public shaming and are against it. Some of us are not.


I understand, and am not criticizing. Sharing names in an open meeting isn't the approach our board wants to take.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our Board doesn't take the "shaming" route either--we just think it would be wrong given that some folks have fallen behind due to personal tragedies, etc. "Shaming" suggests that those behind are solely deadbeats.

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