Who exactly can attend a HOA meeting???

"Bob" is the property manager of an individual unit in our community. The unit is currently delinquent. The owners will not speak to us. "Bob" has spoken to us a few times, mostly to tell us that they wouldn't be paying dues because "Bob" doesn't agree with some of our Resolutions. "Bob" also seems to be upset that we did not hire his PM company for the Association.

Yes, we are working on a lien for the unit. We submitted everything to our attorney 7-8 months ago when the unit stopped paying. We've had a great relationship with this attorney and he was also caught up on all the details. We are now switching attorneys because it seems ours is so backed up he can no longer service a smaller condo community. Anyway, no, there is no lien on this unit yet, but we're moving forward.

Now "Bob" emailed us to "volunteer" to set up a homeowners meeting so he could express the concerns he's seen around the community. That's not going to happen, but he will insert himself when we do have our annual meeting later this year. We fully anticipate he will get the unit owners to set him as their proxy, and use his attendance as a sales pitch for his management company.

I'm not expecting legal advice, just some general info to tide us over until we can find a new attorney.

1. In most states, can a delinquent homeowner vote?
2. In most states, can a delinquent homeowner attend a meeting?
3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting?
4. Is there any limitation to how many proxies an owner can set? Can one owner send 2 people as proxies?
5. Can we disclose to the rest of the Association when a unit is delinquent?
6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is?
7. Can we add a Resolution that prevents non-homeowners from attending a meeting?
8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting.

[SAME ANSWER AS #7]

Yes, but a board resolution, rule or regulation might not suffice if either state law or your governing documents allow for something that you don't want. Basically, a board resolution alone wouldn't necessarily override your governing documents, in case they have provisions about meetings, proxies, etc., and a board resolution alone wouldn't override state law. "Bob" might be able to challenge a board resolution.

Also, CelesteS3, since the dues are unpaid, be really careful, particularly in using third parties such as counsel or a property manager, when dealing with the owner.

The owner might be able to trip you up due to the Fair Debt Collection Practices Act and state debt collection laws. Property managers and even HOA lawyers often aren't up to speed on those legal obligations, and the owner can really go after the HOA, the property manager and the lawyer due to mistakes relating to those debt collection laws, even if the HOA isn't bound by them and didn't make the mistakes. So watch out- you might end up in hot water if you aren't careful, and if the owner knows about those debt collection laws.

Richard, aren't we friends? I'm not willing to engage in discussions if I'm going to be insulted/attacked. Please let me know.

I am exactly right. Please see below. HOA lawyers and property managers are bound by the provision below, even for non-owner-occupied properties in many cases.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text§ 806. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section

3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title.

Some of the answers to your questions should be in your documents, and as a board member, you should already know that- pull them out and read them, The only thing you should worry about is what they say, along with your state and local statutes because you don't live in "most states."

I agree with most of the other responses.

Short answer, no

I'll make a note of that!

Paul states that HOA attorneys and Property Managers aren't up to speed in regards to collection practices, but he doesn't say who would be. So I asked if Mickey Mouse would do? Fair question.

Sorry, much of what Paul offers doesn't really apply to HOA's and HOA rules are pretty much state specific, with some states more regulated than others.

Also, this is Utah. I don’t know about its debt collection laws but they might be even more pro-debtor than the FDCPA.

RichardP13, there is more recent caselaw that states that property managers are bound. Those cases may not be precedential in California, but they’re out there. State law in some states also binds property managers.

Bottom line: not a good idea to publish a list of debtors.

Actually, Richard, in response to your posts, let me eat my words:

Go ahead and publish lists of debtors. Do it online. Go for it. Be comfortable that it’s OK because you found a few 7+ year old cases and didn’t look at the specific state statutes. Please proceed. Thanks.

And where in the hell did I once say posting debtors online was ok. You're jumping all over the place. Stay on point!

No, I think that people should listen to you. Property managers in CA aren’t subject to the FDCPA, due to a few Internet searches you did? Great: they can do whatever they want. People should listen to you more.

Thank you PaulJ. I am completely NOT perfect. It is FREE advice and based on experience mostly. However, have taken a few college courses in criminology and in business law. Plus a few Project Management and other valid courses valuable to running a HOA. (Even got college credit for my HOA Presidency). Friends with many Realtors and police officers that also help to bounce questions off of. Lawyers I respect like I would an Electrician or Plumber. They are a licensed individual which I must hire to practice law.

I don't bring my real life career into this forum. Let's just say that have been in Management positions. So I do have that view from the "top" just as I do from the "Bottom". I will tell you how the Top half thinks so you can pick yourself off the bottom. I'd like to see people get on even ground if they can.

I operate out of California. The information I posted was from a HOA firm that specializes in HOA law and as a matter of fact, one of their partner is the co-author of the Davis-Stirling Act. I routinely do things that would put me or my clients at risk.

So, no, we aren't friends.

Thanks for the proxy reply, NpS. I just don't know about them as there's no need for them in our hOA even though our bylaws permit them.

My answers in CAPS:

1. In most states, can a delinquent homeowner vote? NO

2. In most states, can a delinquent homeowner attend a meeting? YES

3. Can non-homeowners, non-proxies attend a homeowners meeting? For example, can a spouse or adult child not on the title attend a homeowners meeting? NO

4. Is there any limitation to how many proxies an owner can set? NO

Can one owner send 2 people as proxies? NO

5. Can we disclose to the rest of the Association when a unit is delinquent? NO

6. For condos where the title is registered under an LLC, how do we determine who the real homeowner is? THEY MUST NOTIFY THE HOA WHO IS THERE DESIGNATED VOTER

7. Can we add a Resolution that prevents non-homeowners from attending a meeting? NO NEED TO. YOUR DOCS WILL SAY OWNERS ONLY CAN ATTEND MEETINGS.

8. Can we add a Resolution that places limitations on whom homeowners can set as proxies? NO

A PM vendor whom has tried to solicit business in the past from the Association has ulterior motives and a conflict of interest for an owners meeting. UNLESS AN OWNER THEY CANNOT ATTEND. A NON-OWNER HOLDING PROXIES CAN ATTEND THE MEETING TO VOTE THE PROXIES BUT THEY CANNOT SPEAK.