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BB2 (Missouri)
Posts: 36
Posted:
If a homeowner is behind in his or her dues does this person have the right to expect that this will not be discussed at a general meeting with the exception of the fact there are outstanding dues without reference to the individual?
MikeS1
Posts: 668
Posted:
Consult an attorney on this and check for previous postings on this issue. It's a very controversial topic and you'll get lots of responses on this. It's a gray area, but they generally recommend that you not list names in open meeting. You might speak on this and detail perhaps the outstanding balance of late fees or the number of residents that are over 60 days in arrears, but it's illadvised to publish names. If a lien is filed against a property, this really is public record, but it's still a touchy subject when it comes to discussing these names in an open board meeting.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By BB2 on 08/26/2007 7:36 AM
If a homeowner is behind in his or her dues does this person have the right to expect that this will not be discussed at a general meeting with the exception of the fact there are outstanding dues without reference to the individual?

Yes. The amount of total accounts receivable can be reported but no names should be revealed. You can use the search option to find and read discussions on this subject.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
In our HOA we ONLY referenced LOT numbers of the individuals that were behind in dues. We also ONLY allowed the BOD to see that list and the Clubhouse committee. They weren't allowed to rent the clubhouse if behind in dues.

As far as "openly" discussing the situation. We did except with NO names mentioned. It's part of the HOA's business to do so. The HOA has to know the amount 0f money that is coming in and out. If someone isn't paying, we have to "monitor" the situation to figure out how best to collect. Our policy was at 6 months we liened. That's because it took 6 months for it to be worth paying the $300 it cost to place a lien for us. I also initiated a "payment plan" that anyone below the 6 month cut-off could "double" their dues payments to catch up and avoid a lien. I let the members know if this was the situation so they weren't so gung-ho on being aggressive. If the house was a possible Foreclosure situation, the members had a right to know since we had to spend the HOA money on legal fees. They had to agree to pursue the situation to the final step.

Now, I won't say that people didn't KNOW the names of the people who owed money and discussed it amongst themselves. Of course, they are going to want to find out and rumor about them. That's human nature. No matter how I tried to keep it confidential, the information is pretty much PUBLIC. Anyone who knows who owns what lot can easily deduct who the person is we are discussing. Sometimes that person was IN the meeting and openly admitted owing money. So you can't expect any real right to "Privacy". That's just not going to happen.

If you don't like being talked about, then I suggest paying up. Nothing ends the conversation faster when there isn't anything to talk about. If you don't pay your HOA dues, your cheating YOURSELF and your neighbors. A HOA is ONLY funded by it's members FOR it's members. Witholding funds for any reason, just is a baad idea all around.

Former HOA President
NancyD1 (Florida)
Posts: 447
Posted:
Never announce the individual's who are past due. Only report the totals. We do break out the foreclosures, but no names. Legally everyone has a right to know but unless they ask for a recievable list we don't say. It's an ethical position.

If you have to suspend someone rights to common property send them a certified letter informing them when they pay they can play.
BradP (Kansas)
Posts: 2,640
Posted:
As others have said they should not be publishing names or mentioning them, it is unethical. I wouldn't event mention lot numbers because it isn't to hard to figure out what address that is.
DaneC (California)
Posts: 210
Posted:
Go back about 4 pages and look at -
Subject: Is it legal for the HOA to post members that are delinquent on their dues on a public web-site

That topic covered what you are asking about.

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