Delinquency publication

Can a BOD pass a motion and notify residents that owners who are delinquent in paying assessed fees will be publicly identified? Most specifically, this is with respect to an HOA in Florida.

I get John's point, but I'm NOT in favor of public shaming because I haven't see where it's effective. This might work in smaller communities, but we live in a society where everyone wants to get out of doing the right thing for whatever reason, and if they can't, they drag the thing out as long as possible. If people knew, the best they could do is shun the deadbeats and/or give them the stinkeye, but that doesn't lead to the association collecting what it's owed, so what's the point?

Having dealt with delinquencies for half of the 10 years I was on the board, the main thing I suggest is to develop a clear collection policy, tell the homeowners what it is, and follow it. Don't let delinquencies drag on, because the longer you wait to pull the trigger, the more difficult it will be to ever collect anything. Homeowners should understand they have a legal obligation to pay and what happens when they don't. It's not just a matter of them risking lawsuits, reimbursing the association for court costs and attorney's fees, late fees, getting voting rights suspended (usually applicable to Board elections), or losing privileges, such as being able to use the community pool. It's extremely unfair for others who pay on time to indirectly subsidize those who don't, and you have to do what most businesses do when they don't get paid in full and on time.

For the homeowners who are having financial difficulties due to job loss, major medical illness, and the like, you can work with them, but the deadbeats are another matter (and you should know who's who.)

When public shaming is used as a tool by HOAs against delinquent members, and partly because of timing, the risk of defamation is high. I think public shaming by HOAs is an extraordinarily stupid move.

PeterG7, yup, it's legal under Florida statutes. But competent HOA attorneys say do not do it. You can consider asking your HOA's board to consult an attorney on this. Or you could warn the board that it is taking on a lot of risk by publishing delinquencies.

ditto

Yes, botching the list can be "effective"

Despite early hand-delivering our full POA contribution one year, we were disturbed to see our own names conspicuously omitted from later-circulated list of PAID-UPS seen by all co-owners. That's in a somewhat tightly knit POA community after years of condo & rental management.

Merely provided photocopies immediately, low key. Never got any sorta apology nor explanation.

BOTH aspects were "effective" reminders that volunteer organizations are generally UNFIT to exercise any sorta credible governance comparable to public bodies.