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JamesC16 (New Jersey)
Posts: 6
Posted:
does the assc have the right to hold services it provides for homeowners that are delq without violating the privcy laws JamesC16
AnnH5 (Florida)
Posts: 304
Posted:
Depends on your state's laws. In my state the following is prohibited by law:

Use of profane, obscene, vulgar, or willfully abusive language in communicating with a debtor or any member of his or her family;

Communication with a debtor under the guise of an attorney by using the stationary of an attorney or forms or instruments which only attorneys are authorized to prepare;

Orally communicating with a debtor in such a manner as to give the false impression or appearance that such person is associated with an attorney;

Publishing or posting, threatening to publish or post, or causing to be published or posted before the general public individual names or any list of names of debtors, commonly know as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;

Mailing any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to “Deadbeat, Jane Doe” or “Deadbeat, John Doe”;

Communicating with the debtor between the hours of 9 p.m. and 8 a.m. without the prior written consent of the debtor.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JamesC16 on 10/08/2013 9:56 AM
does the assc have the right to hold services it provides for homeowners that are delq without violating the privcy laws JamesC16

James

I believe most associations have the right to with hold services like pool passes, parking garage access, cable TV, gate passes, etc. from dues delinquent homes, units, etc.

I do not view it as a privacy issue.

PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By AnnH5 on 10/08/2013 10:17 AM
Depends on your state's laws. In my state the following is prohibited by law:

Use of profane, obscene, vulgar, or willfully abusive language in communicating with a debtor or any member of his or her family;

Communication with a debtor under the guise of an attorney by using the stationary of an attorney or forms or instruments which only attorneys are authorized to prepare;

Orally communicating with a debtor in such a manner as to give the false impression or appearance that such person is associated with an attorney;

Publishing or posting, threatening to publish or post, or causing to be published or posted before the general public individual names or any list of names of debtors, commonly know as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;

Mailing any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to “Deadbeat, Jane Doe” or “Deadbeat, John Doe”;

Communicating with the debtor between the hours of 9 p.m. and 8 a.m. without the prior written consent of the debtor.

HOA communications within it's membership are not considered to be "...published or posted before the general public..."

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