KellyT (Ga)
Posts: 25
Posts: 25
Posted:
Can a homeowner request a certificate stating an assessment has been paid of another Homeowner? What should the certificate look like and say?
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certificate stating an assessment has been paid
Started by KellyT • 12 replies • 1547 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
No. They can request their account but not the others. The other accounts being behind is up to the HOA board to decide how to handle by lien or foreclosure.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 10/26/2013 5:02 PM
No. They can request their account but not the others. The other accounts being behind is up to the HOA board to decide how to handle by lien or foreclosure.
No. They can request their account but not the others. The other accounts being behind is up to the HOA board to decide how to handle by lien or foreclosure.
I somewhat agree.
Owners are entitled to an overall financial statement of back/unpaid dues, but not necessarily specific information on a specific owner/unit.
I differ with some in that I also believe once legal action is taken against an owner, then the specific information (who and how much) should be available to other owners.
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
John said: "I differ with some in that I also believe once legal action is taken against an owner, then the specific information (who and how much) should be available to other owners."
Your state & county laws may be different but for me in south Florida, if legal action has been taken it can be found at my county's clerk of courts website via a public records search.
Your state & county laws may be different but for me in south Florida, if legal action has been taken it can be found at my county's clerk of courts website via a public records search.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By KellyT on 10/26/2013 4:36 PM
Can a homeowner request a certificate stating an assessment has been paid of another Homeowner? What should the certificate look like and say?
Can a homeowner request a certificate stating an assessment has been paid of another Homeowner? What should the certificate look like and say?
I find the word "certificate" a bit troubling, as there is an implication that it will be signed (certified) by an officer and could be used in some legal proceeding as indisputable proof of payment. I would be reluctant to provide such a document on that basis alone unless your state law requires it.
Is the situation that Homeowner A is requesting to know whether Homeowner B paid his assessments? There have been many debates on this forum as to whether one owner may see another's payment records. Some states prohibit the association from giving out that information, some specifically allow it, but most states appear to have no statutes at all. Check your state laws to see if the issue is addressed there.
I believe that Florida currently allows an owner to request an "estoppel letter" from his association. The estoppel letter would seem to serve the same purpose as a certificate, but only the owner or his agent may request it and only about his own account. Your state may or may not have a similar statute.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By KellyT on 10/26/2013 4:36 PM
Can a homeowner request a certificate stating an assessment has been paid of another Homeowner?
Can a homeowner request a certificate stating an assessment has been paid of another Homeowner?
A homeowner can request anything he/she likes. It doesn't necessarily always follow that you have to comply with the request.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
In the spirit of full transparency, we allow anyone to view anything. Any member is free to look at our books and see who is behind and who has paid. We hide nothing.
As for creating a "certificate", no, we dont do that. I've never heard of it.
As for creating a "certificate", no, we dont do that. I've never heard of it.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
That said... if one person asked me for a receipt, for say.... the month of October as paid, I wouldn't have no problem making a receipt.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
soooooo..............
when a law firm asks for the necessary information in order to close a home sale you do or do not provide the info ?
do you not think the info so supplied would be binding in any future legal action ?
eg. you send a statement saying dues are current through October ~ the sale closes in November ~ the attorney forwards the assoc. a check for November as per the closing
do you not think the new owner is current PERIOD END OF CASE ?
you betcha he/she is (even if the president and/or treasurer made a mistake) !
when a law firm asks for the necessary information in order to close a home sale you do or do not provide the info ?
do you not think the info so supplied would be binding in any future legal action ?
eg. you send a statement saying dues are current through October ~ the sale closes in November ~ the attorney forwards the assoc. a check for November as per the closing
do you not think the new owner is current PERIOD END OF CASE ?
you betcha he/she is (even if the president and/or treasurer made a mistake) !
KellyT (Ga)
Posts: 25
Posts: 25
Posted:
Our Bylaws state: (d) Issue, or to cause an appropriate officer to issue, upon demand by
any person, a certificate setting forth whether any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
I think it meant for a homeowner who is requesting a certificate to prove they have paid, right?
any person, a certificate setting forth whether any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
I think it meant for a homeowner who is requesting a certificate to prove they have paid, right?
KellyT (Ga)
Posts: 25
Posts: 25
Posted:
Certificate may mean a receipt. I think that's it.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By KellyT on 10/27/2013 12:46 PM
Our Bylaws state:
(d) Issue, or to cause an appropriate officer to issue, upon demand by
any person, a certificate setting forth whether any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
I think it meant for a homeowner who is requesting a certificate to prove they have paid, right?
Our Bylaws state:
(d) Issue, or to cause an appropriate officer to issue, upon demand by
any person, a certificate setting forth whether any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
I think it meant for a homeowner who is requesting a certificate to prove they have paid, right?
Kelly,
That information is a game-changer. If your bylaws require issuing the certificate on demand, then you issue it. Unlike other requirements I have seen, this bylaw appears to allow anyone to request this certificate about any property.
Wording could be as simple as:
The ABC HOA hereby certifies that as of the date of this certificate, all assessments have been paid for Lot 123.
Executed this ___ day of ______, 2013. By [name], as [title] for the ABC HOA.
[Signature]
ND (PA)
Posts: 792
Posts: 792
Posted:
Kelly,
In order to try and understand the intent of the paragraph that you copied from your bylaws, you need to also include the initial paragraph and perhaps sub paragraphs (a), (b), (c), (e) . . .
The paragraph that you copied could be interpreted one of two ways depending on the rest of that section. It could be in reference to assessments paid only by the person demanding the cert, or it could ne in reference to any assessments paid by any person in the HOA.
In order to try and understand the intent of the paragraph that you copied from your bylaws, you need to also include the initial paragraph and perhaps sub paragraphs (a), (b), (c), (e) . . .
The paragraph that you copied could be interpreted one of two ways depending on the rest of that section. It could be in reference to assessments paid only by the person demanding the cert, or it could ne in reference to any assessments paid by any person in the HOA.
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